Workplace harassment can create a hostile and unbearable work environment. If you’ve experienced harassment at work, you may be considering legal action to hold your employer accountable. However, proving harassment in a court of law requires specific evidence and documentation. This blog will guide you through the necessary steps to strengthen your case and seek justice.
What Constitutes Workplace Harassment?
Before taking legal action, it’s important to understand what legally constitutes harassment in the workplace. Workplace harassment occurs when an employee is subjected to unwelcome conduct based on characteristics such as race, gender, sexual orientation, disability, or religion. The harassment must be severe or pervasive enough to create a hostile work environment or result in adverse employment actions like termination or demotion.
Workplace harassment can include:
- Offensive comments or slurs
- Inappropriate jokes or gestures
- Physical intimidation or threats
- Unwanted sexual advances
- Verbal abuse or insults
Step 1: Document Every Incident
The first step in proving workplace harassment is to meticulously document every incident of harassment you’ve experienced. This documentation will serve as crucial evidence if your case goes to court. Key details to record include:
- Dates and times: Keep a log of when each harassment incident occurred.
- Description of events: Write down exactly what happened, including the words used and actions taken by the harasser.
- Names of those involved: List the individuals who participated in or witnessed the harassment.
- Impact on your work: Note any negative effects the harassment had on your ability to perform your job or your emotional well-being.
Having detailed records strengthens your claim and provides the court with a clear timeline of events.
Step 2: Report the Harassment to Your Employer
In many cases, you are required to report the harassment to your employer before taking legal action. Follow your company’s formal complaint procedures, typically handled by the human resources (HR) department. Make sure to:
- Submit your complaint in writing, keeping a copy for your records.
- Include as much detail as possible, such as dates, names, and descriptions of each incident.
- Document any responses or actions taken by your employer.
If your employer fails to address the issue or retaliates against you for reporting the harassment, this may strengthen your case in court.
Step 3: Gather Additional Evidence
Beyond documenting incidents and reporting to HR, gathering other types of evidence is essential. The following forms of evidence can be helpful:
- Witness testimony: Co-workers who witnessed the harassment may be able to provide statements supporting your claims.
- Emails, texts, or recordings: Keep any electronic communications that contain offensive or inappropriate language.
- Company policies: Obtain copies of your employer’s anti-harassment policies to determine whether they were violated.
Step 4: File a Complaint with the EEOC or DFEH
If your employer fails to resolve the harassment, you may need to file a formal complaint with either the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These agencies are responsible for investigating claims of workplace harassment and discrimination.
- EEOC: Typically handles federal harassment claims. You must file a complaint within 180 days of the harassment.
- DFEH: Handles claims under California state law, and you have up to three years to file a complaint.
Filing with these agencies is often a necessary step before you can proceed with a lawsuit.
Step 5: Work with an Employment Attorney
Workplace harassment claims can be complex, and legal expertise is critical to building a strong case. An experienced employment law attorney can:
- Help you navigate the legal process.
- Advise on whether a lawsuit is the best course of action.
- Represent your interests in court if necessary.
PLBH can guide you through each step of the process, from gathering evidence to filing a lawsuit, ensuring that your rights are protected every step of the way. Contact (800) 435-7542 to learn more about your legal options.
Filing a workplace harassment claim may feel daunting, but with the right evidence and legal support, you can hold your employer accountable for the hostile environment they allowed to persist.