Law Blog

3 minutes reading time (531 words)

Three Tips for Proving Your Sexual Harassment Claim

Sexual harassment occurs more frequently than employers like to admit, but it is one of the most difficult accusations for an employee to prove. In many instances of sexual harassment, there are only two people present when the event occurs. This means cases are often an issue of “he said she said,” which puts both parties in a difficult situation.

Despite the challenge of proving harassment, you should still take action if you are a victim. By remaining silent, you give the situation the opportunity to escalate to a point where safety becomes an issue and other co-workers could be affected.

What are three things you can do to build a strong sexual harassment case in your favor?

Contact Workplace Authorities and File a Report of the Harassment

In most cases, employees should speak to someone from their human resources department about harassment. Sometimes this is enough to end the harassment, but even if the problem continues, you must be sure you go through the appropriate channels regarding sexual harassment.

Employers are not obligated to fire anyone that commits sexual harassment, unless it is company policy to do so. You also have no access to the details of any disciplinary action taken against the perpetrator. The only right you have is that the harassment end so you are able to perform your job duties without feeling victimized.

Create a Written Record of All Occurrences of Harassment

Documenting your experiences shows you are taking things seriously, even if your account is subjective. It is important to keep detailed notes about harassment, especially when it involves the promise of a workplace benefit in exchange for a sexual favor. This is also the case if you are threatened with negative actions if you refuse to perform a sexual act.

Also make note of any time you are treated differently than a co-worker or subjected to any inappropriate verbal harassment. Any time you feel you are being forced to work in a hostile environment, create a written record of what is said or done, the date, time, location, and if anyone witnessed the event.

If you would like more information about what legally constitutes sexual harassment, read this information from the US Equal Employment Opportunity Commissionthis information from the US Equal Employment Opportunity Commission.

Once you create a record of harassment, keep it guarded. Do not leave your notes on your work computer or leave them on your desk. Even if nobody tampers with the material, you could lose access to it if you are released from your position.

Save Anything Received from the Person Harassing You

If your harasser sends emails, texts, or notes, keep them in a safe place. Even if you find them difficult to read, it is important to have a record of this communication. It is evidence and can be used as undeniable proof you have been victimized. Anything sent electronically should be printed in case you lose access to a particular device.

If you are the victim of harassment or you have questions about dealing with inappropriate behavior of any kind in a hostile work environment, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation to discuss your case.

Can My Employer Fire Me for Not Attending an Event...
How Do You Prove Hours Worked If Your Employer Has...

Related Posts

910 Franklin Avenue
Suite 200
Garden City, NY 11530
Tel: 516-248-5550
Fax: 516-248-6027

655 Third Avenue
Suite 1821
New York, NY 10017
Tel: 212-679-5000
Fax: 212-679-5005