Because it can often be subtle, pursuing a workplace harassment claim can be challenging and intimidating. You must collect various types of evidence, such as documentation of illegal treatment, and demonstrate a direct connection between the harassment and the negative effects you suffered. There is a fairly high threshold to meet, and you may need help from a qualified employment attorney to present a powerful case.
The Law Requires Harassment to Be Severe and Pervasive
Workplace harassment cases are difficult to pursue because you must show that the behavior in question meets the legal threshold under state or federal law. In California, state law closely mirrors federal statutes and is generally worker-friendly. Yet, without the right evidence, you may struggle to meet the standard.
The definition of harassment is unwelcome behavior based on a protected characteristic, and the conduct must be severe or pervasive. What does that mean? It means you can bring a case based on one severe event, such as assault or a threat, or you can report a series of frequent events. These may include inappropriate remarks, jokes, slurs, or ridicule, which create a hostile work environment.
You may also need to consult with an attorney to determine whether the behaviros are harassment or discrimination. In either case, you will need to gather evidence to establish how the behavior meets the definition of harassment and that you have the right to seek justice against those at fault.
Asserting Federal Protection for Workplace Harassment
First, you must establish that your claim meets EEOC qualifications as a covered base for harassment. The primary protected characteristics include:
- Race
- Color
- National Origin
- Religion
- Sex, including harassment based on sex, pregnancy-related conditions, sexual orientation, or gender identity
- Age
- Disability
- Genetic Information
- Retaliation
From there, you must present evidence demonstrating how the harassment you faced is directly tied to your protected characteristic(s) and caused harm. The harm forms the basis of your damage claim, compensating you for tangible and intangible losses.
Evidence You Need for Your Workplace Harassment Claim
Showing a pattern of unwelcome behavior or a single severe incident depends on substantial amounts of robust evidence. Here are common types used in employment claims to prove harassment in the workplace:
- Detailed log of every incident, including date, time, location, and individuals involved
- Names and statements of witnesses
- Emails, texts, chat logs, and other documentation of the offenses
- Record of your responses to the offenders
- Record of actions you took, such as reporting to HR or your supervisor
- Record of HR and leadership responses to your report
- Any video footage, photos, screenshots, or audio recordings of the harassment
- Copies of the company’s policies against harassing behavior
- Copies of state and federal laws against the behavior
Unfortunately, these cases remain a matter of your word against that of the offender, unless you have powerful evidence to show how the actions breached the law. In most cases, your attorney will negotiate to reach a satisfactory settlement on your behalf, which may include payment for lost wages, bonuses, and other compensatory damages. Employers will often settle employment cases rather than risk losing in a jury trial, but every case will be unique.
To learn more about your options for bringing a workplace harassment claim against your employer or coworkers, contact Gutierrez Law Firm to schedule a free consultation. Our California employment law team is ready to work for you.