Dent v. Constellation

The ACLU of Illinois joined Women Employed, the National Women’s Law Center, and 28 other leading public interest organizations in filing an amicus brief before the Illinois Supreme Court in the case of Constellation NewEnergy et al. v. Dent et al., an important case for victims of workplace sexual violence and harassment. In this case, an accused sexual harasser is trying to use pre-suit discovery to find out the identity of the person(s) who accused him and investigators hired by the company to look into the complaint, in order to sue them for defamation. The amicus brief joined by the ACLU of Illinois explains for the Court why it is important to uphold standards that protect individuals who come forward with sexual harassment complaints against retaliatory defamation lawsuits, by providing the broader context of the problem of workplace sexual harassment, and especially the unfortunately well-founded fear of retaliation which silences many victims. The brief explores the dangerous implications that relaxing these standards could have in terms of further discouraging reporting by victims of harassment and disincentivizing employers from taking robust and thorough responsive action.