Workplace sexual harassment might lead to the creation of a hostile work environment. It might involve quid pro quo harassment where someone in a position of authority tries to demand favors in return for raises, promotions and other career opportunities. In more extreme cases, workplace sexual harassment might even involve physical sexual abuse and assaults. Professionals dealing with a volatile and unsafe workplace may want compelling evidence so that they can convince upper management to act or pursue legal action against an employer.
How can people gather evidence of harassment that may occur behind closed doors without direct witnesses?
Recording may be an option
Every state has different privacy laws. Workers in New York benefit from one-party consent rules. They can record conversations, phone calls and other interactions without violating state laws. However, successfully recording encounters can be difficult to achieve without tipping off the other party. There might also be privacy concerns or contract limitations imposed by an employer that prevent a worker from recording what they experience.
Creating a journal
Keeping personal records of each incident of sexual harassment or abuse can establish a pattern of behavior and help corroborate the allegations made against the company, a supervisor or a group of coworkers. Appropriate details can strengthen a worker’s claim that they have experienced harassment that has affected their career opportunities or possibly even their health.
Communicating with coworkers
Those experiencing workplace sexual harassment can communicate with trusted coworkers or other social acquaintances. Communicating with those parties after significant incidents can create secondary forms of evidence, as those witnesses can testify about an individual’s emotional state and can validate when something happened and what occurred.
Depending on the situation, there could be other forms of evidence a worker could gather. They might be able to print or forward emails or take screenshots of abusive text messages. People may require medical attention or may involve legal authorities after an assault. Records of those efforts can serve as evidence later.
Reviewing abuse or harassment that has already occurred with someone familiar with sexual harassment litigation can help employees decide the best way to document what they experience at work. Proper evidence makes it easier for those enduring sexual harassment to seek justice.