What do I have to prove in order to prove harassment at the workplace (not sexual harassment)?
Recently, Forensic Notes posted the following answer on Quora at:
In order to prove harassment at the workplace, you must fully understand what harassment is.
Workplace Harassment encompasses a wide range of unwelcome conduct that a reasonable person would consider inappropriate.
Behaviors can be unlawful when an employee has to endure offensive conduct that:
- Becomes a condition of continued employmentOR
- Conduct is severe or pervasive enough to create a work environment that a reasonable person would consider hostile, intimidating or abusive. This is often referred to as Hostile Work Environments.
Usually the employee who feels that he or she is being harassed would have made it clear that such behavior is unwelcome and inappropriate and asks that it be discontinued.
Workplace harassment can be physical, psychological or both.
In order to Prove Workplace Harassment, you should
- Record and Document all incidents (no matter how big or small)
- Do Not Delete Text Messages, voice mail or emails and save them for later use if required
- Don’t Store Evidence on your Office Computer or in your Desk
The last one is especially important in cases where the harasser may be in a position of power (manager) or have the technical skills and knowledge to quickly find and delete any evidence you may have put together.
There are 3 Key Elements to Having a Legal Case should you decide to sue the person or organization.
- You Did Not Initiate the Harassment
- The Harassment Offended You
- The Harassment Affected You Negatively
Further details and information can be found within our Workplace Harassment article.
If you would like to document online, we offer a free service for anyone that has been harassed at work.
We believe that by working together, we can hopefully put a stop to workplace bullying, discrimination and harassment.