Tips for Preserving Your Legal Claim of Sexual Harassment
The steps you take after you experience sexual harassment in the workplace can affect your legal claim. Protect yourself from further discrimination and preserve your rights by:
- Being clear about rejecting sexual advances — One of the key elements in a sexual harassment claim is that advances are unwelcome. Ambiguity about your disapproval of the harassing conduct can weaken your claim.
- Reporting sexual harassment to your company — Follow procedures outlined in your employee handbook for filing a discrimination grievance. If your company does not provide guidelines, report the matter to your supervisor or human resources director.
- Keeping evidence — Within the confines of the law, preserve evidence. For example, physical evidence — such as sexually suggestive text messages, social media posts, offensive emails or graphic drawings — is compelling proof of harassment. Also, retain correspondence to and from company officials pertaining to your harassment claim.
- Documenting harassment in a diary — Record details about offensive conduct in a notebook or diary. Include dates, times and facts about what happened. This is especially important to strengthen proof of oral comments or inappropriate touching. Although your testimony is considered evidence, a case that comes down to “she said, he said” is often more difficult to prove. The diary can refresh your memory about the events and lend more credibility to your allegations.
- Consulting with an employment law attorney — An experienced NY employment lawyer can explain your workplace rights under city, state and federal regulations. Your attorney can advise you on the next steps and the potential outcomes of your claim.
- Filing your complaint in a timely manner — There are strict deadlines for filing complaints with the U.S. Equal Employment Opportunity Commission (EEOC), the NYS Division of Human Rights and the New York City Commission on Human Rights. If you miss the deadline, you forfeit your opportunity to pursue relief. Your lawyer can determine the deadline in your case.
Sexual harassment is a form of gender discrimination. Employment sexual harassment often involves unwelcome sexual conduct such as Sexual Joking, unwelcome requests for sex, social media post of a sexual nature etc. For more information on employment sexual harassment, click here to visit our Sexual Harassment Laws & Lawyers information page. If you believe you have been the victim of sexual harassment in your place of employment call or Sexual Harassment Attorneys today for a Free Consultation.
Our sexual harassment lawyers serve clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island and throughout the state of New York. We also represent employees sexual harassment cases in New Jersey, Pennsylvania & Washington D.C.