To prove harassment in the workplace, an employee should establish a clear timeline, gather evidence, keep good notes, and find potential witnesses. Everyone has the right to work in a safe environment free from harassment in all of its manifestations from micro-aggressions to outright discrimination. Still, workplace harassment often goes unreported or unaddressed and targeted employees suffer silently.
The Noble Law works with courageous, hard-working people who simply want to work in peace in a supportive environment without fear of retaliation or retribution. If you suspect that you are experiencing workplace harassment based on your inclusion in a protected category (such as race, gender, national origin, religion, disability, or veteran status), our experience tells us that you probably are. You’ve done nothing wrong, you are not to blame, and we believe you. Call soon and tell us your story. We will listen without judgment and help you plan a way forward.
Proving Workplace Harassment
Proving that you are the target of workplace harassment begins with meeting a 4-prong test. To qualify, the harassment must be:
- An unwelcome behavior
- Of an offensive nature
- Based on a protected characteristic under Title VII or another relevant employment law, and
- So severe as to affect an employee’s ability to do their job.
Each element of harassment has been repeatedly defined by statute, agency regulations, and court opinions. Proving your case will rely on assembling a vivid factual record that supports each element.
Document Every Encounter
Create a timeline by taking notes of every episode of harassment, including dates, times, and precisely what happened. Write down the names of anyone who may have witnessed it as well. Save any texts, emails, letters, recordings, and photos supporting your claims. Without this paper trail, your report can be disputed.
Report it To Your Employer
Most companies have specific procedures for handling harassment claims. You can often find the procedures in the employee handbook or a similar employment policy and you should follow those procedures to the extent possible. Be sure to save copies of all communication regarding this matter. This evidence shows you followed the proper steps to stop the behavior.
File a Harassment Claim with Your Local EEOC Branch or Other Government Agency
Now, your employer has an obligation to act. If the matter isn’t resolved internally at your workplace, you should report it to a governmental agency. That may be your local EEOC office or your state’s human or civil rights agency. The agency will investigate your claim and contact your employer. After they investigate (and sometimes even before significant investigation), the agency will likely issue a “right to sue” letter that ends the agency investigation and provides you with the right to file a lawsuit in court within a certain period of time..
Pursue Litigation
Many harassment cases are resolved before they make it to court, especially when the record is so well-documented. However, for some, litigation may be your last legal resort. A range of remedies is possible for a successful claim, including reinstatement, back pay, attorneys’ fees, and emotional damages.
Contact The Noble Law for a Free Consultation
Sustained workplace harassment can quickly evolve into a condition of your continued employment. It may even extend to conduct that is severe or pervasive enough that anyone would recognize it as abuse. Despite what your gut tells you or coworkers say, we understand that it is not so easy as to just walk away. This is your livelihood that is at stake.
Every workplace harassment lawyer at The Noble Law is deeply dedicated to the plight of our clients facing all kinds of employment discrimination. We share your goals: to affirm your dignity and obtain the compensation you deserve. We represent clients throughout North Carolina and South Carolina. Schedule a free, no-obligation consultation today. We are your trusted counsel for workplace disputes.