How Should I Prove Workplace Harassment in Case I File a Lawsuit?

Workplace harassment
Photo by Christina from Unsplash

If you have been following the recent news, you will be aware of the fact that harassment is pervasive in all forms of workplaces. It is sad enough to note that workplace harassment has become increasingly common because of the main fact that it is hard to prove. It is very important to have the right amount of proof in such cases so that the harassers find it hard to deny their demeaning behavior and avoid the consequences.

While a sexual harassment attorney is ready to help you file a lawsuit and win the case,  it is crucial for you to understand what entails workplace harassment. Not all forms of harassment can be taken to the court. Keep reading to know more about this.


How will you prove that you have been harassed in your workplace?

To start off with,  it is very difficult to assemble concrete proof of harassment,  since these incidents occur without any prior warning and are over within a few seconds for a moment. At the same time,  it is extremely easy for the harassers to deny what they have done even if their behavior meets the standards of harassment.

If you have to prove workplace harassment,  the victim has to pursue the case with extreme dedication and willpower. The best way of proving that you have been harassed in your workplace is by gathering proof in every way you can. Some of the ways are as follows:

  • Set up a timeline
  • Get evidence
  • Find witnesses

Since you have to set up a timeline, you have to start recording each and every instance of workplace harassment soon after it occurs. Jot down in a single place and be as clear and honest as possible. Don't forget to mention the time and date and include all details about the unfortunate encounter.

Gathering evidence can come in various forms. Do you reside in a one-party recording state? If yes,  you won't need the consent of another person before recording him. In such a case you can record all comments made by the harasser, whether in person or over the phone. Try to save all the recordings in your email so that you can produce them later.

What is considered offensive conduct in workplaces?

There are different types of workplace harassment among which some are as follows:

  • Racial threats
  • Derogatory jokes
  • Physical violence

In case of sexual harassment, the harasser may ask the victim to go out on a date or might overlook the victim in work opportunities. The supervisor may offer a promotion to the victim in lieu of some sexual activity. The legal term used for such a situation is ‘quid pro quo’ which means a favor expected in lieu of something.

A hostile work environment is yet another type of workplace harassment. Such hostile work situations make it tough for the worker to carry out their responsibilities. They are often subject to constant teasing, bullying, belittling, ridiculing, and making sexual advances. Any blatant comments about the sex or race of a person are also considered harassment.

When you’re able to gather all proof of harassment, file a complaint with the HR department mentioning in detail the type of harassment you were subject to. The company will then investigate your claims and take the required action.

Finally, watch out for your friends and colleagues in your workplace who might have noticed the harassment being done against you. Some of them might have even been victims of harassment themselves. If they can confirm their previous experiences,  this can help you build a stronger case.

Thank you for reading the article.

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