How Can I Document Workplace Sexual Harassment?

 Posted on July 29, 2024 in Main

 While awareness about the need to address sexual harassment in the workplace has increased over the past few decades, sexual harassment continues to affect people in many industries. People who experience sexual harassment may suffer from emotional trauma and other issues affecting their job performance, and they may also experience retaliation after reporting harassment to their employers.

If you are experiencing sexual harassment at work, documenting the harassment, its effects, and the company’s response is crucial, since it can help you build a strong case for compensation for the harm you have suffered. An experienced employment litigation attorney can help you understand your rights and options and can work with you to take action against the person who committed the harassment and/or your employer.

The Importance of Documenting Sexual Harassment

By gathering evidence related to workplace sexual harassment, you can demonstrate that you have experienced harm due to inappropriate behavior by a fellow employee or a manager or supervisor. Detailed records can show a pattern of behavior while also detailing how your employer responded to reports of sexual harassment. This can also help protect you from retaliation by demonstrating that actions taken against you by your employer were done in retaliation for complaining about sexual harassment.

Types of Records and Information to Collect

• Sexual harassment log: Maintaining a detailed log of incidents is an effective way to document harassment. Your log should include the dates, times, and locations of incidents, the names of the harasser and any witnesses, and detailed information about what happened, including any specific comments or actions. You can also note how these incidents have affected you emotionally and professionally.
• Correspondence and communications: Keep records of any communications related to the harassment. These may include emails or text messages that contain harassing content, discussions of harassment with supervisors or a company’s HR department, or messages you may have sent to others discussing how you have been affected by the sexual harassment.
• Witness statements: If any coworkers witnessed the harassment, you should ask them to provide written statements detailing what they saw or heard. These statements can be crucial in corroborating your claims.
• Medical and counseling records: If the sexual harassment led you to seek medical or psychological help, you should keep records of visits to healthcare or mental health professionals, as well as receipts and records of any medications prescribed as a result of the sexual harassment.
• Work performance documentation: If the sexual harassment has impacted your work performance, you can gather evidence that demonstrates this, such as performance reviews that show a decline in your work quality or productivity or emails from supervisors that mention changes in your work performance.

Addressing the Company's Response

To show that your employer failed to take appropriate steps to address prevent the sexual harassment, you can gather documentation such as:

• Formal complaints: Keep copies of all e-mail and other forms of messages sent to your HR department or supervisors. You can also save any written responses or actions taken by your employer regarding your complaints, including official incident reports or other forms of complaint documentation.
• Investigation documentation: Saving communications and other information related to an investigation of claims of sexual harassment can help you document the company’s response to your complaints. You can take detailed notes during any meetings with HR or management about the sexual harassment and should use those notes to follow-up with HR to memorialize what was said and done in the meetings. You should also request copies of any reports or findings from internal investigations.
• Records related to retaliation: If you experience retaliation after reporting sexual harassment, such as a demotion, being passed over for a promotion, or termination, you will want to keep documentation to show that these actions took place. If your employer claims that you were penalized for poor performance or other issues, you can compile information such as performance reviews to counter these claims.

Contact Our DuPage County Sexual Harassment Attorneys

Documenting sexual harassment is a critical step to take when addressing the harm you have suffered, and it can help ensure that you will be able to recover compensation for financial losses or other damages. At Mirabella, Kincaid, Frederick & Mirabella, LLC., our Wheaton, IL sexual harassment lawyers can help you build a strong case, and we will provide you with effective representation, fighting to protect your rights and achieve justice. Contact us at 630-665-7300 to set up a consultation and learn more about how we can help.