Sexual harassment in the workplace is a serious issue that affects many employees across Pennsylvania. Documenting incidents of harassment is important for legal protection and personal well-being. Whether you are a victim of harassment or seeking to support a colleague, understanding the importance of documentation is key to addressing workplace harassment.
First, Report Your Complaints
Sexual harassment is a serious thing and illegal. Most companies have policies or procedures for reporting sexual harassment claims. Reporting sexual harassment is almost always required under an Employer’s policy. You should report your claims in accordance with company policies and procedures. If your supervisor is the harasser, it is generally accepted that you can report outside the chain of command. It is helpful to document that you made a complaint.
You may have concerns that your employer might retaliate based on past experience, and you fear reporting the sexual harassment. Reporting discrimination is a protected activity under the law. You benefit from a favorable legal standard if the employer retaliates against you after reporting discrimination. We counsel that it is a much better decision for you to be prompt in your reporting, even if it places you in what you feel is a difficult or awkward position.
Some situations must be approached with prudence and care. Often, there is reluctance to do a report if you cannot risk losing your job or feel this is your “dream job.” There may be other ways to address the harassment, which would lead you to seek legal counsel before you report.
Be proportional in how you report. The police handle criminal complaints. In our view, you should not make a police report for sexual harassment that is not criminal in nature. It is difficult to draw a line here. Certain unwanted touchings can constitute a sexual assault. Others may be accidental or not criminal in nature. Verbal harassment should be serious and criminal in nature before you involve the police. Obviously, prudence dictates that illegal conduct like a violent assault should result in an immediate report to the police.
Reaching out to our firm to experienced employment law counsel before you report the harassment to your Employer and/or go to the police may help you best address your unique circumstances and inform your decisions.
Understanding Sexual Harassment in the Workplace
Sexual harassment refers to unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This behavior becomes unlawful when it affects an individual’s employment, interferes with their work performance, or creates a hostile or offensive work environment. Examples can range from inappropriate jokes, comments, or gestures to explicit requests for sexual acts. It’s important to note that sexual harassment can occur between any individuals in the workplace, regardless of their gender or position.
The Equal Employment Opportunity Commission (EEOC) categorizes sexual harassment as a form of sex discrimination, which the law prohibits. Under this law, employers must take reasonable steps to prevent sexual harassment and promptly address any complaints.
However, before employers can apply the law, the behavior must be documented and reported, emphasizing the crucial role of documenting sexual harassment at work. The employer may have no responsibility to protect you or investigate if they do not know of the harassment.
Why Documenting Incidents is Crucial
Understanding the significance of documenting sexual harassment incidents is essential to outlining a clear and compelling case.
The purpose of documenting sexual harassment incidents is twofold:
- It helps corroborate your experiences, outlining the severity and frequency of the harassment.
- It can undermine any attempts by the perpetrator or employer to deny or minimize the events.
Barring a confession, sexual harassment cases often boil down to one person’s word against another’s. Documented evidence, in the form of emails, text messages, and witness testimonies, can tip the scales in your favor. Text messages and emails are a great way to document. You may wish to take screenshots of your texts or preserve your emails.
Thorough record-keeping of incidents can significantly bolster a harassment lawsuit if it escalates to that level. The court or your employer will evaluate your case based on the evidence you provide. Strong, detailed, and chronological records of the harassment can provide a timeline and context for the misconduct while illustrating its impact on your professional life. The absence of such records may not only weaken your case but could also lead to skepticism regarding the validity of your claims. Rigorous and meticulous documentation of sexual harassment at work is crucial to the process.
A good employment attorney can discuss with you the issue of preserving evidence and how it can be best done to preserve your rights. Some preservation methods, such as taping conversations, may run afoul of other laws, such as Pennsylvania’s Wiretapping Act.
How to Document Sexual Harassment Effectively
After understanding the importance of documenting sexual harassment at work, you might be wondering what good documentation looks like. Effective documentation involves recording precise details, collecting substantial evidence, and maintaining a systematic record. Take advantage of modern electronic documentation methods, such as emailing or texting Human Resources, so you have a permanent record of your report. Be aware that some documents might be argued by the Employer to be intrinsically confidential.
When documenting sexual harassment, the most important rule is to be as detailed as possible. This includes recording the date and time of each incident, the location where it occurred, and who was involved. You should write a thorough description of the event, including the behavior, words, and actions that constitute harassment. If there were any witnesses to the incident, be sure to note their names and any comments they made. Remember to record how the incident made you feel and how it affected your ability to work. Write down everything as soon as possible after the incident to ensure you remember all important details.
Evidence collection is a crucial component of the documentation process. Any tangible artifacts that can substantiate your claim are invaluable. If the harassment occurred via digital means, such as email, text message, or social media, it’s essential to take screenshots or printouts to preserve this evidence. However, never forward such emails or messages to your personal accounts, as this can raise privacy issues and potentially compromise the integrity of your evidence.
Conversely, if the harassment was verbal or physical, you might need to rely on witness accounts. Encourage any witnesses to document what they saw or heard, similarly as suggested above. It’s also worth noting down their contact details in case HR or legal advisors need to contact them in the future.
Maintaining Personal and Professional Boundaries
One way to protect yourself in a hostile work environment is to attempt to maintain personal and professional boundaries. Do not engage in banter that could be seen as sexual. Be aware of how you come across in public interactions with the alleged harasser. Employers in sexual harassment claims often try to blame the victim.
In a hostile work environment, it’s crucial to assert your boundaries. You can do this by expressing your discomfort when inappropriate comments or actions occur and by reporting them as required by the Employer’s policies.
Consulting Legal Counsel
If you require personalized legal guidance on workplace harassment cases, don’t hesitate to contact Wusinich, Sweeney & Ryan. We encourage you to call us at (610) 594-1600 for a consultation to discuss your situation and guide you through this difficult time.
