Many people experiencing workplace sexual harassment make the same mistake. They quit their jobs and then start to think about justice afterward. By that point, any credible evidence they could have collected may be impossible for them to access.
The best time to prove that harassment in the workplace has occurred is while it is an ongoing issue. Even if a worker intends to leave their job, they may need to delay handing in their two-week notice so they can gather documentation of harassment.
Sexual harassment can impact a person’s career prospects, mental health and work performance. If employers do not act to prevent or eliminate harassment in the workplace, the affected workers may have the right to take legal action. Doing so requires adequate evidence.
What documentation helps prove a claim of harassment on the job?
A private journal maintained by a worker can help document workplace harassment. Writing down exactly what occurred, including the time, location, exact interaction and people present, can show a pattern of inappropriate behavior.
This documentation can also help corroborate allegations, as witnesses can validate that specific incidents occurred, even if they are not privy to the big picture. Making a point of communicating about individual incidents to friends and family members can also help ensure validation of the timeline through witnesses after filing a complaint or a civil lawsuit.
If harassment involves electronic communications, using a personal device to take pictures or secure screenshots of text messages and emails can be helpful. Access to both company devices and workplace email accounts generally ends as soon as a worker leaves their position. Documenting abusive communications as they occur using a personal device is generally beneficial unless there may be workplace privacy matters to consider.
In some cases, workers may be able to record calls or in-person conversations without violating Rhode Island state statutes. The nature of the job and other details about the situation may dictate the best way to document what occurred in the workplace. Having experienced legal guidance can help employees determine the best way to document their harassment and help them follow the right procedures to hold their employers accountable.
When businesses ignore sexual harassment or punish employees for reporting it, workers may have the right to file lawsuits. Having good documentation is critical to proving a claim in civil court.