Workplace harassment can turn even the most fulfilling job into a daily nightmare. Knowing how to properly document and prove workplace harassment is key to addressing a toxic workplace and holding those responsible accountable.
The knowledgeable employment law attorneys with Joseph & Norinsberg can help you gather evidence and build strong support for your workplace harassment claims. Contact us online or call 212-227-5700 today for a free consultation.
What is Workplace Harassment?
Workplace harassment is unwanted, uncomfortable, or offensive behavior based on race, sex, disability status, or other protected characteristics. It can come in the form of verbal abuse, unwanted touching, obscene gestures, and toxic or hostile work environments.
Quid pro quo sexual harassment, in which someone in a position of power attempts to coerce employees to commit sexual favors in return for preferential treatment or to avoid retaliation, is also considered workplace harassment.
Workplace harassment is considered illegal under federal, state, and local laws, including Title VII of the Civil Rights Act and the New York State Human Rights Law.
Legal Standards for Proving Harassment at Work
To successfully prove a federal workplace harassment claim, you must demonstrate that the behavior you endured was severe or pervasive enough to be considered illegal. This means the harassment must have been persistent over time or egregious enough for an isolated incident to create a hostile work environment. The federal Equal Employment Opportunity Commission typically doesn’t consider teasing, backhanded comments, or “not very serious” one-off occurrences to be illegal harassment.
New York’s legal standards for workplace harassment are more relaxed. As of 2019, workplace harassment need not be “severe or pervasive” to be illegal under state law. This legislative change grants workers greater protection from toxic behavior and allows for more accountability.
Steps to Prove Harassment at Work
Document Incidents
Once you’ve experienced harassment, immediately take detailed notes of what happened, when and where it occurred, and who was involved. Your own records can serve as key evidence to corroborate your claims.
Gather Evidence
Besides your notes, preserve any other documents that can serve as evidence. These documents can include emails, text messages, photos, or other workplace communications. Audio recordings can also be invaluable evidence but may not be legally permitted, depending on state law.
Identify Witnesses
Other co-workers who were present when the harassment occurred or experienced the same behavior can provide witness testimony to back up your claims. Having other individuals confirm your version of events can greatly strengthen your case.
Report the Harassment
Once you’ve covered all your bases, your next step is to attempt to resolve the harassment internally. Talk to your employer’s human resources representatives and report your experiences.
Following internal procedures might not immediately resolve the situation. However, if your employer is unable or unwilling to end the harassment, you will have created a paper trail that will further strengthen your claims.
File a Formal Complaint
Finally, gather your documentation and file a formal complaint with a government agency. The EEOC handles federal complaints, while the New York State Division of Human Rights and the New York City Commission on Human Rights handle state and local complaints.
The NYS DHR has a three-year statute of limitations for workplace harassment complaints. The NYC Commission on Human Rights also allows three years for gender-based harassment claims but has a one-year deadline for other harassment complaints. The EEOC’s deadlines are much tighter, allowing only 180 to 300 days to file a federal harassment complaint.
Common Challenges in Proving Workplace Harassment
Workplace harassment victims may face the threat of retaliation for reporting their experiences. While retaliation is illegal, employers may still attempt to punish workers for filing an internal or formal complaint. Such punishment could include reassignment, pay or hour cuts, targeting for layoffs, firing under false pretenses, or other negative employment-related actions.
However, retaliatory actions typically do not paint an employer in a favorable light and may strengthen the employee’s claims.
It also can be difficult to prove harassment at work, as direct evidence can be rare. Those responsible might not leave any written records of their words or actions. Compiling circumstantial evidence and supporting those records with your notes and witness testimony can help bridge legal gaps.
When to Seek Legal Help
If you’re experiencing harassment and are unsure how to proceed, our employment lawyers can help you navigate the process and file a complaint with the appropriate authorities. We can help you gather evidence and ensure your claims are strong and well-supported.
If you’re facing retaliation, you may need legal assistance to protect yourself and potentially take further action against your employer. Our team has more than 75 years of experience defending the rights of workers like you, and we’re ready to help.
Client Testimonials
At Joseph & Norinsberg, we treat all clients like family, and they regularly stay in touch with us long after their cases are resolved. We also regularly receive glowing client testimonials. Here are a couple of examples:
"Michael and Luiggi at Joseph & Norinsberg, LLC, were the most professional and diligent team. They represented me and were able to have my case solved in a really short period of time and the outcome was what we had wanted. I truly advise anyone that needs an employment law lawyer to contact them as they are the right team to help them."
"Joseph and Norinsberg is a top-tier boutique law firm. I have worked with them on cases and seen the detail, care, and trial skill that they put into each case. Their experience gives them an edge. They get great results for their clients and I would recommend them without reservation."
Contact Joseph & Norinsberg For Your Employment Law Cases
If you’ve experienced workplace harassment, don’t suffer in silence for another day. Our skilled attorneys will work relentlessly to help you prove your claims and defend your employment rights. Call us today at 212-227-5700 to schedule a free consultation.
