Workplace harassment can create a toxic environment that affects an employee’s mental and physical well-being. Whether it involves discrimination, bullying, or sexual harassment, it’s important to take action and protect your rights. A strong harassment claim relies on collecting the right evidence to demonstrate the severity and persistence of the misconduct.
This guide outlines the essential evidence needed to pursue a workplace harassment claim and how to strengthen your case. Contact PLBH at (800) 435-7542 for a free legal consultation.
What Constitutes Workplace Harassment?
Workplace harassment occurs when an employee is subjected to unwelcome behavior based on a protected characteristic, such as race, gender, religion, age, or disability. Harassment can take many forms, including:
- Verbal Abuse: Insults, threats, or inappropriate jokes.
- Physical Behavior: Unwanted touching, intimidation, or blocking movement.
- Visual Conduct: Displaying offensive images, signs, or gestures.
- Retaliation: Punishment for reporting harassment, such as demotions or termination.
To pursue a claim, you must demonstrate that the harassment was pervasive or severe enough to create a hostile work environment or interfere with your job performance.
Essential Evidence for a Workplace Harassment Claim
Building a strong harassment case requires thorough documentation of incidents and supporting evidence.
1. Detailed Records of Incidents
- Keep a journal documenting each harassment incident, including:
- Dates, times, and locations
- Specific actions or comments made by the harasser
- Witnesses present during the incident
- Note the emotional and professional impact of the harassment, such as increased stress or reduced productivity.
2. Written Communications
- Save emails, text messages, or memos containing inappropriate language or harassment.
- Retain correspondence where you reported the harassment or sought support from management or HR.
3. Witness Testimonies
- Identify coworkers who witnessed the harassment or were also affected.
- Ask willing witnesses to provide written or verbal statements supporting your claims.
4. Company Policies and Documentation
- Obtain copies of workplace policies on harassment and discrimination.
- Review the employer’s procedures for handling complaints to identify policy violations.
5. Official Complaints and Responses
- Save copies of any complaints you filed with HR or management.
- Document your employer’s responses, including delays or failures to address the issue.
6. Audio or Video Evidence (If Legal)
- In some cases, recordings of conversations or incidents may provide compelling evidence.
- Check local laws to ensure you can legally record interactions in your workplace.
7. Performance Reviews or Records
- Maintain copies of performance evaluations to show how harassment affected your job.
- Document any unjustified negative reviews or disciplinary actions stemming from retaliation.
Steps to Strengthen Your Workplace Harassment Claim
Collecting evidence is just one part of the process. To strengthen your claim:
Report the Harassment
- Notify your employer or HR department in writing about the harassment.
- Follow your company’s formal complaint procedures to demonstrate you attempted to resolve the issue internally.
File a Complaint with Government Agencies
- If your employer fails to act, file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).
- Include your documentation and evidence when filing the complaint.
Seek Legal Assistance
- Consult an experienced employment attorney to evaluate your case.
- An attorney can help you navigate the legal process and maximize your chances of a favorable outcome.
Compensation Available for Harassment Claims
Successful workplace harassment claims can result in compensation for:
- Lost Wages: Recovery of income lost due to demotions, terminations, or resignations caused by harassment.
- Emotional Distress: Compensation for the mental and emotional impact of a hostile work environment.
- Punitive Damages: Additional damages awarded in cases of egregious misconduct.
- Reinstatement or Policy Changes: Restoring your position or ensuring improved workplace policies.
How PLBH Can Help
At PLBH, we are committed to helping employees who’ve experienced workplace harassment hold employers accountable. Our team will work with you to gather evidence, file complaints, and pursue the compensation and justice you deserve.
Take Action Today
Workplace harassment is unacceptable, and you don’t have to face it alone. If you’ve experienced harassment at work, contact PLBH at (800) 435-7542 to schedule a consultation and learn how we can help protect your rights.