How To Document A Sexual Harassment Case

We’ve all heard claims like this one: the individual was not forthright enough in reporting sexual harassment. We’ve seen countless instances of people making excuses for themselves rather than taking responsibility. The list below is a checklist that will help you remember what to do if you’re subjected to sexual assault or other forms of sexual harassment.

1. You should file a sexual harassment complaint 

Aside from the fact that a complaint might stop sexual harassment, there are several legal causes for it to be reported. Companies are only liable for supervisor sexual harassment if the person who was harassed complained and the complaint would have stopped it. Until a complaint of sexual harassment is made, the employer is generally not held liable for the sexual harassment of a coworker.

2. Be specific in your sexual harassment complaints

Make a point of disclosing the most serious aspect of sexual harassment. If, for example, a severe type of sexual harassment occurred such as if the harasser touched your breast or buttocks, be sure to describe it in your complaint to support your proving sexual harassment occurred.

3. Put your sexual harassment complaint in writing so that your employer cannot deny that you made the sexual harassment complaint

Too many times, employers try to claim that a sexual harassment complaint was not really about sex, but instead about how the complainant did not get along with their boss or that his or her supervisor was being a jerk about work-related concerns rather than actual sexual harassment. We’ve also heard a lot of excuses from employers who claim that the employee failed to report on one of the major components of their sexual harassment claims now in their lawsuit. Allow the employer no escape. Keep a written record of your sexual harassment complaint as evidence.

4. Keep a copy of your sexual harassment complaint in writing

Make sure your sexual harassment complaint is sent to the proper levels of management and human resources.

5. Do not leave out what is legally actionable, such as sexual harassment, if you are recording notes about bad workplace behavior

Do not forget to remark in your diary that you were sexually harassed and how it occurred on a day you kept a journal. Your diary may be used against you if it reflects lots of feelings of workplace injustice, but fails to mention important and offensive instances of sexual harassment.

6. Do not make admissions about things that did not bother you or that you did not consider a pattern of sexual harassment until such and such a day

7. Do not try to defend the sexual harasser’s behavior

For example, avoid stating, “I merely assumed he was being kind.” It makes no sense to tell the employer if you felt this way. They’ll only use it against you.

8. Be cautious about who you suggest or who you do not suggest as a witness to sexual harassment

It is critical to consult with a knowledgeable sexual harassment lawyer when it comes to naming witnesses. It’s not a good idea to put the names of individuals who may or may not have been present during an act of sexual harassment. Putting the names of people who are unlikely to tell the truth might be harmful. Putting no names of witnesses is also dangerous, but because the sexual harasser does not want to get caught, there are usually no eyewitnesses. Who should be a witness is a perplexing question that requires consultation with a qualified sex harassment lawyer.

9. Make sure your employer understands exactly what you want them to do as a result of your sexual harassment complaint

This is another issue that you should seek advice from a sex harassment lawyer. It may be the wrong approach to say things like, “I don’t want him fired; I can work with him.” When you say that you might be able to work with the harasser, it may be easy for an employer to later defend your sexual harassment lawsuit on the grounds that you said you could work with him, so how bad could he be? One of the most common reasons for which a woman loses her case is because she did not express enough outrage at the situation. However, if you are sexually harassed and don’t want to pursue litigation but simply want someone in your workplace or social group to stop, it’s possible that your sexual harassment lawsuit will reveal that the sexual harasser was a serial harasser.