Proving Sexual Harassment in the Workplace
Posted on: 5 July 2016
Sexual harassment in the workplace isn't an easy thing to prove. Many people will tell you to keep the harassing notes, texts, or images sent to you by the aggressor and use them as evidence, but what if those things aren't there in the first place? That may be the case if a colleague harasses you verbally with no witnesses. In that case, you can take the following steps to help prove your harassment claims.
Write Down Everything
One of the things bosses, lawyers, and even judges use to gauge the truth value of allegations is consistency. Your allegations of harassment are more likely to be taken seriously if you are consistent. Since human memory fades with time, you can help your statements be consistent by keeping notes about your harassment.
When the aggressor says something inappropriate, threatens you, or touches you, put that down in writing. Describe what happened, where it happened, and when it happened. Remember to put your notes in a safe place (not your office desk) where the aggressor cannot see them.
Report Everything
Reporting sexual harassment is not only a requirement but also helps you when it comes to proving your claims. One of the first questions you may be asked when you want to pursue your claim is whether you have reported the harassment. If you didn't, and you have no witnesses or evidence, it will be difficult for people to believe it happened. Report every incident; do it in writing, and preserve a copy of the report.
Get Treatment
If you were to sustain physical injuries in an accident, your medical records would form a crucial part of your argument. The medical treatment records relating to sexual harassment may help you accomplish the same thing. After all, those who are sexually harassed may experience physical and psychological symptoms of trauma, including
- Anxiety
- Depression
- Self-loathing
- Sexual dysfunction
- Headaches
- High blood pressure
Tell your counselor or doctor about your harassment and let them help you. Also, tell them about your claims for pressing charges or pursuing damages. The medical professional you are seeing will help you with the treatment records for strengthening your claim.
Hopefully, your employer will resolve your complaint to your satisfaction without the need for further action. However, if this doesn't happen, file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will review the issue and negotiate with your employer for a satisfactory solution. If that solution isn't forthcoming, you will have the right to sue for damages.
For more information, consult a law firm like Campbell, Dille, Barnett & Smith, P.L.L.C.
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