Sexual harassment in the workplace is a violation of employee rights and the law. Many businesses are proactive about training employees to identify sexual harassment, educating them on how to report it and investigating any credible harassment claims that arise.
Other times, companies may try to downplay allegations of harassment or may even cover up for high-performing employees who harass co-workers or subordinates. Those concerned about how their employers might react or worried that they may not receive support may want to document the harassment for their own protection.
The more proof there is that sexual harassment occurred, the easier it may be to get an employer to support a worker or get the courts to hold a company accountable. What are some of the ways that frustrated employees can prove they are victims of sexual harassment?
With recordings
New Jersey is a one-party consent state. That means that an individual enduring a hostile work environment or quid pro harassment could potentially record in-person conversations or phone calls as long as they are a party to the conversation. Factors including the terms of an employment contract and the industry in which someone works, may influence whether this option is a viable one.
With a journal
When people cannot record what happens in the workplace, they can start establishing a written record of each incident. Details including who was present, where the situation occurred and when everything took place, as well as exactly what other people said or did, can help establish a pattern of inappropriate behavior in the workplace.
With witnesses
Sexual harassment often occurs behind closed doors, but not always. Many times, other people may overhear or even interrupt quid pro quo harassment in progress. Harassment may involve multiple people, some of whom recognize that what they’re doing is inappropriate. Witnesses can help corroborate claims that misconduct occurred regularly in the workplace.
Employees who want to document sexual harassment to take action may need to discuss their options and the best forms of evidence given their circumstances with a legal professional. Collecting enough evidence and following the right procedures can strengthen an individual’s ability to pursue a sexual harassment lawsuit.
