Sexual Harassment

How do I know if I have been sexually harassedat my workplace?

Sexual harassment often happens repeatedly. If you expect your harasser to say or do something inappropriate every time you see him or her, it’s sexual harassment.However, sometimes a single severe sexual assault can amount to sexual harassment.

Do I need evidence like witnesses, texts, emails or messages?

For sexual harassment claims against an employer, you generally need evidence which proves two things:

1. Evidence that the harassment took place. This could include offensive texts or emails of a sexual nature, recordings of the harassment, or a witness to the harassment that is willing to speak up. Our firm cannot take "he said, she said" cases, unfortunately.
2. Evidence that the employer was aware of the harassment and failed to stop it after becoming aware.This can include emails or texts to HR/management reporting the harassment, as well as evidence that the harassment continued after that, such as witnesses, texts, emails or recordings.Speak to a qualified attorney before making your complaint to HR or management- more info below.

I am experiencing sexual harassment at work. What should I do?

Do NOT bring your complaint to Human Resources until or unless you have undeniable evidence of the harassment in your possession (e.g. vulgar texts or emails from your harasser). HR works for your employer, not for you, which means that HR investigations are NOT impartial. Your witnesses will probably not be asked whether they witnessed the harassment. What you tell Human Resources will likely get back to the person you are complaining about. Retaliation is common. What you say can, and will, be used against you.

DO obtain the advice of a qualified attorney before you go to HR. If circumstances warrant it, our firm will advise you without charge how to collect the necessary evidence. We can often provide an opinion whether there is enough evidence to support a lawsuit. We never charge a fee without financial recovery. All consultations are strictly confidential.

Examples of sexual harassment: