Documenting Sexual Harassment
Sexual harassment has become so prevalent in the workplace that it can be practically impossible for some to avoid these situations. According to the UCSD Center on Gender Equality and Health (GEH), 81% of women and 43% of men have reported experiencing sexual harassment. If you are a victim of sexual harassment take immediate and appropriate action by speaking with an Ohio employment lawyer.
Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unfortunately, many people don’t understand what qualifies as sexual harassment. As a result, they put up with this unethical behavior that can adversely interfere with their work performance. In addition, it creates a hostile or offensive working environment for them.
You have a right to file a charge or a private lawsuit against your harasser to recover compensation. Unfortunately, the fear of retaliation or doubt that it will be investigated has prevented many from doing so.
Preserving all evidence of sexual misconduct helps build a strong case against the harasser. This article explains what you need to know about collecting evidence as a victim of sexual discrimination.
An Ohio Employment Lawyer Explains What Qualifies as Sexual Harassment
It is unlawful to harass a person because of their sex. According to the Title VII, unwelcomed sexual advances, requests for sexual favors, and other verbal or conduct constitute sexual harassment when:
- Submission to such conduct is made explicitly or implicitly a term or condition of your employment.
- Submission to or rejection of the conduct is used as the basis for employment decisions that affect you.
- Such conduct has the purpose or effect of unreasonably interfering with your work performance or creating an intimidating, hostile, or offensive working environment.
There are two types of sexual harassment recognized under Ohio employment law.
Quid Pro Quo Sexual Harassment
This simply means “this for that.” As the name implies, it occurs when your employer offers specific work benefits in exchange for sexual favors. This form of sexual harassment is a serious legal violation.
A simple instance is enough to institute a lawsuit as long as a termination resulted from your refusal to submit to the sexual demand. First, however, you need an attorney knowledgeable in Ohio employment law to help outline and protect your rights.
Hostile Work Environment Sexual Harassment
This occurs where severe or persuasive conduct of a sexual nature makes your working conditions intolerable. Examples include sexual derogatory comments, unwanted physical touching, persistent leering, etc.
Guide to Documenting Sexual Harassment in the Workplace
As earlier mentioned, you have a right to report any sexual harassment. However, one of the challenges of reporting is providing documents to support your claim. If you fail to properly record the incident, succeeding in your claim for damages might be difficult.
To ensure you have enough proof for a lawsuit, we put together a short guide on how to document sexual harassment.
Keep Detailed Notes
Gathering evidence of sexual harassment should begin immediately. This includes keeping a journal of what happened and when. When documenting, include the dates, time, location, names, witnesses, and other details of the incident. Don’t hold back in describing precisely what happened with specificity.
For example, if the harassment involves inappropriate touching, note what you were wearing, the area of your body touched, and where it took place. You should also document your feelings and reaction to the incident and how it has impacted your ability to work.
Preserve Harassing Communications
Keep records of written or electronic communication of sexual misconduct. So if you receive text messages, notes, or emails containing harassing language, ensure to preserve it. Make photocopies, printouts, or screenshots to help keep track of the event.
Identify Witnesses to the Sexual Misconduct
Many cases of sexual harassment take place in private. However, you should also take note of any person who witnessed the sexual harassment. Even if someone observes your reaction after meeting your harasser, they can help testify on your behalf.
Identifying potential witnesses can help human resources (HR) know who to interview when investigating your claim. In addition, evidence from uninvolved third-party witnesses is considered more credible.
Complain About the Misconduct
Sexual harassment should be complained about in writing. Sadly, many may discredit your claims if you wait too long to report. Instead, file a complaint with your company’s HR or a designated person who handles complaints at your job. If no corrective actions are taken, report to the Ohio Civil Rights Commission or the US Equal Employment Opportunity Commission.
Speak With an Attorney
If you believe you have been a victim of sexual harassment, speak with an experienced Ohio employment lawyer immediately. They can help you determine the best strategy to assert your rights.
Discuss Your Legal Options With an Ohio Employment Lawyer Today
Sexual harassment can adversely affect your mental health and career. Therefore, if you are being sexually harassed at work, it is best to get legal representation immediately. At Hux Law Firm, we will patiently listen to your story and identify the best path forward to seeking justice.
In addition, we will help you understand the proper way to document the incident. Schedule a free consultation today.
