How To Create A Strong Sexual Harassment Case

If you suffered sexual harassment in the workplace, you need to get your claim against your employer underway. A strong sexual harassment case is based on the evidence that you provide and the information that you have gathered about your company’s sexual harassment training and policies.

You will need to gather as much supporting evidence as possible to support your claim and to prove that you suffered workplace sexual harassment and that you reported the behavior and it either continued or nothing was done about your complaint.

As you gather supporting evidence, you need to ask yourself several questions while putting your claim in order.

Does the Harassment Create a Hostile Work Environment?

A single incident would most likely not be classified as sexual harassment. Instead, you will need to show the behavior was persistent and pervasive.

You must show that what happened does meet the definition of a hostile work environment and that it became non-welcoming, intimidating, and hostile. Even those who were not specifically the victim would feel unwelcome and mistreated in this environment.

If the harassment is a one-time incident and it does not happen again, then you most likely will not have a successful claim. You must prove that the harassment occurred frequently enough and that it was severe enough that a hostile work environment resulted, and it affected the worker’s ability to function normally and impacted productivity and so forth.

You should get statements from other workers who witnessed the hostile work environment and an investigation may be able to reveal that there is an ongoing pattern of such behavior in the workplace.

What is My Company’s Sexual Harassment Policy and Training Like?

You should review all documentation to see if your company has a sexual harassment policy in place. This documentation should detail what is expected of employees, how sexual harassment allegations are addressed, and the punishment for sexual harassment.

If there is a policy, you should make sure the company is following through with the specified punishment and investigation procedures.

Not all states require employers to have a sexual harassment policy in place or is required to conduct sexual harassment training. If your employer does have a policy or training, you should gather written evidence of that to see if they are following their own procedures and policies when it comes to addressing concerns and complaints. An attorney can determine if the company policy adheres to any applicable state or federal laws that apply to the workplace and its requirements.

You should keep your employee handbook and any additional documents about policies and procedures as well as any documents from any sexual harassment training sessions that you may be required to attend when you are hired by the company. Documentation is essential to the outcome of any workplace sexual harassment claim, so be sure to keep all of your documentation in order so it can be reviewed by a lawyer.

Do I Have Evidence?

You should make sure you have supporting evidence. Sexual harassment is often one person’s word against another person’s word, so you need evidence to back up your claims.

You should gather all the supporting evidence that you possibly can, including physical communications, eyewitness statements, digital communications, video footage, and so forth that will help prove your case.

Statements from individuals who witnessed the harassment, or video footage or audio recordings of the harassment can also help support your claim and prove what happened.

Always maintain a file of workplace documents, including any emails, texts, or memos that are distributed to workers. You will need your employment contract and your employee handbook as well to help support your claim.

Consider Getting Help With Your Case

Workplace sexual harassment claims can be challenging. You should enlist the help of an employment law attorney who can help you get your claim on the right track and ensure that you have all the supporting documentation and support that your claim needs to succeed.

A lawyer will investigate your claim, gather supporting documentation, and then make sure that you are treated fairly throughout the claims process.

When you speak with an employment law attorney, be sure to discuss their payment methods. Some lawyers require a retainer to be paid and then charge an hourly rate.

Some attorneys will work on a contingency basis and not be paid until you win your claim. There is limited time for pursuing a workplace sexual harassment claim, so complete the Free Case Evaluation Form to get your claim reviewed today.


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