If a person has been a victim of sexual harassment at work, they may be entitled to compensation. However, to prove that sexual harassment occurred, the evidence is required.
Without evidence that documents the harassment and damages, it is unlikely a person can win their case. Therefore, it is crucial for the victim to compile any communications and documents that support the claim.
Elements of a Sexual Harassment Claim
Women and men can both be victims of sexual harassment. Even same-sex sexual harassment is prohibited. The first step in any sexual harassment situation is to find an attorney, like Winer, Burritt & Tillis for help.
After hiring legal help, get to know about the sexual harassment claims that exist. The first is the quid pro quo. It occurs when another employee or a person’s supervisor demands sexual favors as a term of employment. The second type is a hostile work environment, which occurs when the workplace is sexually offensive or intimidating.
While some sexual harassment lawsuits are filed in federal courts, a person may also have a claim under state law. The attorney hired can help determine if this is possible, as each state has slight variations to the requirement.
It is necessary to meet specific legal requirements to prove a sexual harassment case. The requirements vary based on if a supervisor, co-worker, or another person harassed the individual.
Evidence Needed for a Sexual Harassment Suit
It’s essential to have evidence that documents the harassment the person suffered and any damages. Some of the most common types of evidence needed for harassment cases include:
1. Communications (i.e., voicemail and emails) from the harasser
2. The individual’s complaints and responses from the company (or lack of response)
3. Testimony from any witnesses
4. Employment or personnel file
5. Bills or other proof of harassment-related expenses
6. An employee handbook or written sexual harassment policies
Most people can request a copy of their personnel file from the company’s HR department. Sometimes there is a copying fee for the records. However, other documents from the company may be challenging to get without the help of an attorney or government agency.
How to File a Sexual Harassment Claim
A victim of sexual harassment has to follow a set complaint process. If their employer doesn’t provide protection from harassment, it’s necessary to file a charge or a complaint with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit.
The EEOC can investigate the case and could file a lawsuit on behalf of the victim. If the EEOC doesn’t pursue the claim for the victim, they will receive a Right to Sue letter.
After receiving the Right to Sue letter, the victim can file a federal lawsuit against their employer. It’s necessary to meet the strict filing deadlines in a sexual harassment claim, which is something an attorney can help with.
Finding the Right Lawyer
If a person needs help to understand the claim process and their rights, finding a quality, a proven attorney is necessary. A quality attorney can help a sexual harassment victim collect evidence, file the paperwork, and receive fair compensation.
Consider the options in the local area, as the attorney hired will have an instrumental role in helping a victim receive the compensation they are entitled to. By finding the right attorney and collecting the needed evidence, a person can have a good chance of a successful case.
