To prove workplace sexual harassment, you need evidence, which can be direct or circumstantial. Since harassment is often subtle, circumstantial evidence, like witness statements or patterns of behavior, can be just as strong as direct proof.
It’s important to gather any relevant details, such as emails or messages, to support your case. A Boston sex and gender discrimination lawyer can help you understand what evidence is most useful in your situation.
If you’ve experienced retaliation, like being wrongfully terminated for reporting harassment or participating in an investigation, it’s critical to seek legal advice. A lawyer can help you in addressing these unfair practices and standing up for your rights.
What is Workplace Sexual Harassment?
Workplace harassment occurs when certain behaviors meet specific legal standards. To demonstrate that you’ve been a victim of harassment, four key factors must be met:
- The behavior is unwelcome.
- The actions are offensive in nature.
- The harassment is based on a protected characteristic under Title VII or similar employment laws.
- The harassment is severe enough to impact your ability to perform your job.
A Boston employment discrimination lawyer can help you understand how these elements apply to your situation. Each factor has been shaped by legal precedents, so gathering clear evidence is essential.
If you’re facing workplace harassment, speaking with a Boston labor and employment lawyer is a good step toward protecting your rights and building a strong case.
For a free legal consultation, call (860) 999-9394
What Proof Do You Need To Show Sexual Harassment Occurred?
Proving sexual harassment can be challenging, especially when direct evidence is limited. You’ll need to demonstrate that the harassment was severe or persistent enough to alter your work environment.
Useful evidence may include your own detailed account, emails or messages, recordings, and statements from coworkers or other victims. It’s also important to show that a supervisor or management was aware of the issue.
A skilled Boston sex and gender discrimination attorney can help you gather and organize the right evidence. Ways to help prove sexual harassment include:
Your Own Experience
Your personal account can be a powerful piece of evidence, even if other proof is limited. It can play a key role in building a successful case.
A skilled sexual harassment lawyer can help determine if you have a case based on verbal exchanges and other available information. We can also assist in filing a lawsuit on your behalf.
Additionally, your lawyer may uncover further evidence to strengthen your case, giving you a better chance at a favorable outcome.
Paper Trails and Recordings
Written communications can be very useful in proving harassment. If the individual sent inappropriate emails, texts, or notes, bring these to your harassment attorney during the initial consultation.
These messages might include requests for favors, unwelcome compliments, or comments about your appearance. Even non-sexual messages, like repeated dinner invitations you’ve declined, can still qualify as harassment.
If the person’s behavior changed after you rejected their advances, such as ignoring your work-related messages and affecting your job performance, this is also important information to share with your lawyer. They can use these details to strengthen your case.
Communication with Others
If you’ve been experiencing workplace sexual harassment, you may have shared your concerns with a coworker, family member, or friend. Additionally, you might have reported the issue to HR or your employer. These conversations and witness accounts can serve as valuable evidence in your sexual harassment case.
In some situations, the harassment may lead to health problems, requiring medical attention. Stress from harassment can cause anxiety, depression, insomnia, and other physical issues.
Medical records and statements from doctors documenting these effects can also support your claim, showing the impact the harassment has had on your well-being.
Other Employees’ Reports of Sexual Harassment
You may not be the only person experiencing sexual harassment at your workplace. Others could be facing the same behavior from the same individual.
After you hire a harassment attorney and share your story, other employees may feel empowered to come forward, providing additional proof of repeated harassment. This collective evidence can strengthen your case.
Your lawyer might suggest speaking with a colleague who has been with the company longer to learn if similar incidents have happened before. This information can be valuable in demonstrating a pattern of inappropriate behavior.
Proof That Supervisors Were Aware of the Issue
Your attorney will likely ask about your employer’s sexual harassment policy. If the policy was inadequate or your employer was aware of the harassment and failed to act, they could share some responsibility.
You have the right to a workplace free from discrimination and harassment. Evidence that shows your employer knew about the situation could include past complaints, emails, or verbal reports.
Providing proof that your employer was informed about the harassment can help strengthen your case, as it shows a failure to address the issue.
Other Evidence
Beyond showing that sexual harassment took place, it’s important to demonstrate how the situation has impacted your health and job performance. This can influence the outcome of your case.
Keeping a record of your job performance, including any performance reviews, is helpful. If your productivity has suffered, this can be used as evidence that the harassment disrupted your ability to work effectively.
By documenting these changes, you can strengthen your case and show the negative impact the harassment had on both your professional and personal well-being.
Holding Employers Accountable for Workplace Sexual Harassment
If you’re unsure how to prove workplace sexual harassment, gathering evidence like emails, personal accounts, and witness testimonies is essential. These details can strengthen your case and demonstrate the impact the harassment had on your work and well-being.
A Boston sex and gender discrimination lawyer can provide the guidance you need to protect your rights and seek justice. Having the right legal support can make all the difference in your fight against workplace harassment.
At Duddy, Goodwin & Pollard, we are dedicated to standing up for those who have faced workplace harassment. We believe that employers must be held accountable for their actions, and we are committed to fighting for your rights. Our team is here to support you every step of the way and pursue the justice you deserve.
Call or text (860) 999-9394 or complete a Free Case Evaluation form