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  • Writer's pictureDavid Manes

How To Prove Sexual Harassment At Work

To prove sexual harassment at work, there are some steps you can take on your own. However, keep in mind that many of these cases come to an impasse when it’s one person’s word against the other. Steer clear of this situation by contacting an employment lawyer early on.

A man's hand on a business woman's shoulder as she sits at her desk, looks like sexual harassment

Sexual harassment in the workplace is illegal. It doesn’t matter your gender or the gender of your harasser.

If you have experienced sexual harassment in your workplace, you need to know your rights. First of all, report the sexual harassment within the company. Secondly, know that retaliation from your harasser for reporting sexual harassment is illegal. Thirdly, choose legal counsel to defend your case.

Eventually you may need to sue your employer for sexual harassment. But first things first, here are some active steps you can take to prepare your report for investigation.

How To Prove Sexual Harassment At Work

Document any quid pro quo.

Under some circumstances, an employer offers a job promotion or threatens job loss to an employee if he or she will submit to the employer’s sexual advances. Write down the details of these situations, including date, place, and words.

Document hostile environment.

Gender-based harassment has no place in the workplace. According to the law, it is illegal. Mistreatment of a specific gender or comments about gender inferiority in the workplace are grounds for hostile environment complaint. Take note of their words, actions, and when they happened.

Secure these documents outside of work.

If the harasser discovers your documentation of harassment, the harasser will likely destroy them or you could face job loss. Keep these notes and details in a place where the harasser will not be able to get to them.

Copy notes, emails, texts.

If your harasser is writing to you with implicit or explicit language, copy them and keep them. Secure these documents as well.

Follow your company’s sexual harassment policy and report the behavior.

Don’t just verbally report the situation, but also report in writing. The company is not required to inform you of their action, but you should stop experiencing harassment. Will you get fired if you report harassment in the workplace?

File a complaint with the EEOC.

If your company has ignored your complaint or you are still being harassed, you must file as soon as possible since there is a deadline of 180-300 days from the date of the event.

Seek legal counsel.

Many employment lawyers know that these cases boil down to your word against the harasser’s. However, they will know how to approach the law and your rights. The law protects those who report workplace harassment.

Standing up for the safety of your workplace can be an exhausting experience, especially when you’ve dealt with the power-hungry antics of a sexual harasser. Your action to protect yourself will also protect all future employees from experiencing what you have. But don’t go into this process alone. Sexual harassment in the workplace is illegal and you can sue your boss for sexual harassment.

If you find yourself in the disheartening and frustrating situation of sexual harassment in the workplace, contact an employment lawyer who will know how to navigate your case and your rights under the law.

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