It is a situation that culminates into one of a person’s worst fears. A random call has you headed for the boss’ office, but there is nothing scheduled. A few minutes later, it becomes abundantly clear that you are being let go. Furthermore, the reason for the termination is something you feel is ethically and fundamentally wrong. But what if the termination was legally wrong?

Most employment is “at will” which gives the employer the right to fire a person at any time for any reason that is not illegal.  Understanding the exceptions to the rule can help a person keep their job, or sue the employer for wrongful termination. It is useful for all hired workers to have a basic understanding of their rights as an employee. However, situation that would constitute wrongful termination can vary greatly and it is impossible to anticipate them all.

One of the most basic examples of wrongful termination is firing an employee based on the employee’s race, religion, age, national origin or disability. These are all forms of discrimination deemed illegal under the law. Similarly, firing an employee on the basis of his or her alien status would amount to wrongful termination in the United States or Canada if that employee is legally allowed to work in the country.

Occupational Safety and Health Standards are important components of workplace rights which are regulated by various government agencies. If an employee makes a complaint about a violation of safety or health standards, an employer is not legally allowed to fire them for that reason.

Failure to carry out an illegal act is another potential area for unlawful termination. Individual States, Provinces and territories have various laws related to violations of public policy. However, it is normal for state laws to prohibit an employer from firing an employee because they refuse to commit an illegal act, complain that their employer is conducting illegal activity or if he or she exercises personal legal rights. If an employee refuses to take a lie detector test, that is also not grounds for termination. These are just a few examples of what would constitute wrongful termination; many other possible instances exist.

So what should you do, is you are wrongfully terminated at work? Below is a list of helpful ways to help you handle the situation effectively:

7 Key Steps in handling Wrongful Termination

1. Be Proactive

The old adage “prevention is better than cure” is very true when it comes to wrongful terminations of employment. It is advisable to look for signs that may indicate termination is on the horizon. Being proactive on that front can help a person take the necessary steps to protect themselves against wrongful termination, but also can provide more time to prepare should that happen. If you detect any signs of trouble on the horizon, however remote, start building your case even before anything happens. Take notes, keep records of correspondence and other details pertaining to your work situations, as these notes may help you later down the line. Remember though, that the admissibility or credibility attached to all of this documentation is vital to the success of your claim later, so make sure they are properly dated and stored. A document storage and verification system like Forensic Notes helps you to do just that.

2. Remain Calm

Assuming that you do get terminated, you need to move forward. This first step may seem simple, but it can be challenging for many individuals. Absorb the news, but remain calm at all costs. You want to avoid giving the employer any additional ammunition to justify their actions. It is best to walk out of the room with as much of your dignity intact as possible before venting your frustrations in a safe place outside of the office. Then take the time to write down and document as much detail as possible.

3. Research

The next step in the process takes some discipline and focus. Wrongful termination is often times not a black and white situation which means legal research is necessary. Depending on the particular laws of your State or Province, combined with Federal laws, there are quite a few reasons for termination that can be labelled as not lawful, so research, research and more research.

4. Document Everything

Once you have vetted the legal options that you have, begin building a case. Have a well documented timeline put together to ensure that you have a consistent and detailed account of events that led to your termination. It is a good rule of thumb to write down even the things that do not seem to be important. You never know what minute detail could play a crucial role in the outcome of your claim. Gather up any tangible items that could help your case such as emails, computer files, handwritten memos, text messages or voicemail’s. Again, make sure that the authenticity of each and every one of these documents can be verified.

5. Get Legal Representation

At this point it is time to ascertain legal representation. Most lawyers who specialize in employment related cases such as wrongful termination are cognizant of the financial burden that follows for those victimized by it. The good news is these lawyers are usually willing to represent you on a contingency fee basis, especially if you have a strong case. This is a legal term that explains a lawyer will work for you without asking for an upfront attorney’s bill. Before moving forward with a lawyer, be sure to agree on the percentage that will be allocated to the lawyer if the case is won or settlement is reached.

6. Be Prepared

Legal cases can be unpredictable, long and arduous even when you go into it with strong representation and all your ducks in a row. Therefore, it is imperative that you take the time to put a plan together in regards to moving forward. It is also important for you to have a clear and concise way to explain to future employers why you no longer work at your previous job. A lawyer can help you come up with a brief version that is worth writing down for the sake of consistency. Try to give employers just enough information that provides them with some clarity, without violating confidentiality rules related to an open case. Defamation of your previous employer is also something worth avoiding as tempting as it might be to over share about this emotional experience.

7. Use Forensic Notes

Even as you go through each of these steps, bear in mind that good record keeping is one of the most essential steps you can take to protect yourself. All information that can help your case should be recorded and stored safely in a manner that will protect their integrity and ensure their authenticity cannot be challenged when you present them as evidence in support of your case. Forensic Notes’ Timestamping feature  protects and authenticates your documents with a timestamp from a trusted 3rd party Timestamping Authroity (TSA) that cannot be altered at a later time, meaning they are more likely to be trusted by the court, labour tribunal or alternative dispute resolution forum your case ends up in.

It is in an employee’s best interest to educate themselves on what their rights are. The best thing you can do after a wrongful termination is take things one step at a time. Be thorough, and avoid taking any short cuts once you have committed to fighting the termination.

Being the target of verbal abuse is never easy in any context, and it is even worse when it happens in what should be a professional setting. Verbal abuse in the workplace among coworkers or superiors, is humiliating and challenging for the victim. Like other abusive situations in the workplace, it contributes to establishing a hostile working environment. Furthermore, an employee can claim that the verbal abuse is so pervasive that their ability to do their job has been impeded.

Typically, verbal abuse is initiated by a person with seniority over a lower ranking employee. It can transpire during a one on one interaction when a person wants to assert their authority by degrading or belittling a worker, or it can happen in front of others.  Peers or friends of the person being verbally abused often times do not speak up for fear of retribution or becoming the target.

Verbal abuse not only messes with a person’s mental well being, but with their productivity, and it is obviously not good for the company either. Abusers are bullies, and they pick out their victims in a calculated manner. They look for a target less inclined to speak up, which is why the culture must promote proactive measures.

In the event that a company is unable to resolve the issue properly, the employee should consider seeking counsel elsewhere and find out what his or her options are.

See also 7 Steps: Dealing with a Hostile Work Environment

Six Must Do’s Before You File a Workplace Bullying Grievance with HR, In Addition to Documenting It

 

Catherine Mattice

MA, SPHR, SHRM-SCP

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Civility Partners
Workplace Bullying Expert
Social Media Influencer (@catmattice)

CivilityPartners.com

Forensic Notes is excited to provide you the following informative article by workplace bullying expert Catherine Mattice.

Catherine understands the problems targets of bullying face because she lived the same horrible experiences. Since that experience, she has dedicated her life to helping others in similar situations.

Catherine started Civility Partners, which now works with some of the largest firms in America. Civility Partners assists organization to help “them in building systemic action plans to end workplace bullying and replace it with a positive workplace culture”.

Catherine is truly one of the leaders in this field.

Please be sure to share this article on Social media to help others that are thinking about filing a grievance.

Shares

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In preparing to report your situation with workplace bullying to managers or HR, it is important to first gather your thoughts. The more you are able to stay in control, and be clear and helpful, the more things will pan out in your favor. Below are six must-dos before you file a grievance.

#1: Seek confirmation that you are a good employee and high-performer.

If the bully hasn’t already called your performance into question through performance evaluations, he or she will once they find out you’ve talked to management. For this reason, collect data that supports that you are a high-performer. Talk to other employees you work with, perhaps a former supervisor in a different department, or even a few customers if you can ensure that others believe you are a strong performer and will tell your manager.

#2: Address poor performance evaluations.

The previous tip leads to an important suggestion for dealing with a manager who is a workplace bully. If the bully is your manager, and he or she did use a performance evaluation to bully you, it is important that you take certain steps in order to address this issue with your manager first before filing a grievance with the higher-ups.

Effective performance evaluations are positive and ongoing, provide constructive feedback, and offer specific goals for you to complete. If your performance evaluation doesn’t do that, try to meet with your manager to see if you can get more information. If the bullying manager won’t work with or coach you, then, when you file your grievance, you can share with HR that you really tried to work with this bullying manager by getting more information about what to do differently.

#3: Determine costs to the organization.

Management and HR speak the language of business: money. The saying “money talks” is no BS.

Therefore, presenting your case in factual, tangible terms will be to your benefit. Open up an excel sheet and start trying to figure out how much the bullying is costing the organization.

#4: Attempt to resolve the issue yourself.

Many experts will tell you that this is a bad move—that standing up for yourself will only make the bullying worse. In fact, research does seem to indicate that bullying gets worse when targets attempt to stand up for themselves. Bullies like it when you don’t stand up for yourself; it makes it easier on them if you don’t.

However, from a manager’s viewpoint—and if you are going to be successful in making a complaint—a target who has taken steps to resolve their own relational issues is more powerful and taken more seriously than one who has not.

#5: Get prepared for the conversation.

It is really important that you go into the conversation with pre-determined goals and outcomes. If you go in with specific action items in mind, you will be seen as an individual working toward making the workplace better. Spend some time deciding what the purpose of your talk is, and develop tangible, real goals that you are seeking. Ask yourself exactly what you want to accomplish with your complaint, and what you need to have happen in order to feel satisfied you were heard. What solutions can you offer to the HR manager?

In addition, get prepared to discuss the behaviors, not your feelings. You need this manager or HR representative to advocate for you, and the more you remain a reporter of facts instead of a target of someone’s bad behavior, the greater the likelihood that you will succeed.

#6: Self-reflect

There is a possibility your manager will not believe you when you tell him or her you are being bullied, so it’s important to self-reflect and get clarity on a few things before you decide to set up that meeting. Do a little soul searching and ask yourself whether you’re willing to go forth without the law on your side, since bullying is legal in most places. Think about what you’ll do if you aren’t heard – what’s your next step?

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This article is an excerpt from the book BACK OFF! Your KickAss Guide to Ending Bullying at Work by EG Sebastian and Catherine Mattice, and was submitted by Catherine Mattice. Catherine Mattice is an HR Consultant who works with clients to end bullying by creating positive work environments. Her firm, Civility Partners, has worked with Fortune 500’s down to small businesses, and everything in between.

Workplace harassment is an all-too-common phenomenon in today’s workplaces which can lead to physical and mental health issues such as anxiety, depression and panic attacks among those who are victims of it.

While it is frequently of a sexual nature, workplace harassment also takes other forms and may involve violence, bullying or other abusive, threatening or demeaning behavior.

Unfortunately, it is not often reported, meaning the victims suffer in silence, unable to access any remedy which may be available. Yet the fact remains that remedies are available for victims of harassment in the workplace, with recent data showing that such remedies can include significant financial compensation for the victim.

With adequate evidence, such as those which Forensic Notes empowers victims to assemble, a victim of workplace harassment can confidently fight against harassment and potentially receive compensation that could be in the hundreds of thousands of dollars.

Have you been Affected by Workplace Harassment?

Chances are, you have been or will be at some point in your career. According to the The Equal Employment Opportunity Commission, (EEOC) the agency that enforces employment laws, fully 30% of all charges brought before it relate to workplace harassment. That statistic ties in with the results of this survey by the Workplace Bullying Institute which showed that an estimated 37% of workers, or about 54 million people, have been bullied at the office, or repeatedly mistreated in a health-harming way.

Think about that for a moment: for every three workers out there in the workplace, at least one is suffering some form of harassment in the course of doing his or her job. It’s even more mind boggling when you consider that the 30% figure cited by the EEOC relates to instances of workplace harassment that are reported.

So in all probability, EEOC Statistics do not adequately reflect the pervasiveness of the issue.

As with most other forms of abuse, cases of harassment in the workplace are under-reported because people fear losing their jobs or compromising their careers if they speak out.

Others worry about being seen as “that guy” – the one who destroyed the collegial, let’s-all-be-friends atmosphere in the office. Some simply do not report harassment because they do not know that those negative behaviors they suffer at the hands of a co-worker amount to harassment. And sometimes, those who want to speak out worry that they will not be believed.

So, what is Workplace Harassment?

Harassment in the workplace is hardly ever clear cut. It takes many different forms and can be overt or disguised, and identifying it or labeling it as harassment can be tricky.

Take the case of 55 year old Anna. She’s sitting at her desk when an email comes in from Craig in Accounts. She opens it and finds a list of “Yo mama’s so old” jokes.

Is Craig’s email harassment? No. Crass and tasteless, yes, but the email in and of itself is not harassment.

However, this is not the only email from Craig. In fact, it’s only the latest in a long list of emails, text messages and disparaging comments from Craig about Anna’s age.

He never misses an opportunity to “compliment” her dressing (“nice skirt you’re wearing today Anna. I bet it was hot back in the 30s”) and he has recently taken to referring to all long-standing projects as “Anna-type” projects.

He refuses to allow Anna on any project team he is leading because “we don’t need outdated ideas,” and pressures other colleagues to do the same.

So is Craig’s latest email harassment? Absolutely! What takes it from a mildly offensive or inappropriate email to an act of harassment is the fact that it is part of a repeated and persistent behavior towards Anna that is intended to humiliate, torment, undermine and frustrate her.

His behavior embarrasses Anna and makes her anxious, frightened and feeling awkward around other co-workers.

One of the key elements of workplace harassment is that the action or event that constitutes harassment has to be repeated. One act or event does not constitute harassment.

What this means for a person being harassed is that he or she needs to keep track of all instances of harassment in order to prove later down the line, that the offensive actions were, in fact, harassment rather than harmless teasing or attempt at humor. There’s more on this below.

The repeated actions that constitute harassment may take different forms, such as making comments that are rude, offensive or degrading; threatening or intimidating behavior or action; retaliation for reporting something; sending or displaying pictures or emails that are sexist, racist or denigrating of religious beliefs; unwanted touching, flirting or invitations with sexual overtones, disparaging remarks about dressing, etc.

How big an issue is Workplace Harassment?

The reality is that harassment occurs every day in workplaces across America. The EEOC describes this as “an unacceptable reality,” but it is a reality nonetheless.

Consider this: In 2014 alone, over 26, 000 cases of workplace harassment were filed with the EEOC. That’s an average of 72 cases a day. But again, we’re only talking about reported cases.

According to this ABC News/Washington Post poll on sexual harassment for instance, nearly 65% of all people who had experienced sexual harassment at work did not report it.

With various studies suggesting that less than half of all cases of harassment are reported, it is obvious that workplace harassment is a big problem indeed.

Also big is the amount of financial compensation that victims can receive. In 2014, about $94 million was paid out as compensation to victims of workplace harassment filed through the EEOC, with awards in the cases ranging from $15,000 to $14.5 million.

Records show that average EEOC settlement amounts can be quite substantial.

While the payouts from cases settled out of court are difficult to obtain due to confidentiality agreements, one studyfound that when employees choose to litigate and they win, the payout averages $217,000.

How can Workplace Harassment be stopped?
What can you do if you’ve been Harassed at work?

The unfortunate truth is that sometimes harassment cannot be stopped at all, as the perpetrator persists with their behavior and the company is either unable or unwilling to take proper action due to the position of the perpetrator in the company.

But you don’t have to resign yourself to the idea that your only choices are either to quit or to put up with the harassment. There are things you can do about it.

If you are being harassed at work, here are some important steps to take:

1. Talk to the Harasser

Express your discomfort with the behavior or comments and ask them to stop it.

2. Bring the Harassment to the Attention of your Employer

If your employer has a complaint procedure (which it should) use it to report the harassment to the appropriate parties within your company.

In fact, if you do not use your employer’s complaint process before going to court, you may not recover damages if you win.

3. Seek a Resolution

Submit to arbitration or other process that your company offers to resolve the problem.

Unfortunately this is often the only way to stop harassment within hostile work environments where management does not take the issue seriously.

Always be prepared by documenting all interactions with the company from the very beginning.

Whichever route you take, the most important thing is to record, record, record! Keep a written record of all incidents of harassment including what exactly happened, date, time, and the names of people that might have witnessed the incidents.

This is the single most beneficial thing you can do for yourself when it comes time to proving your case. But it is not enough simply to jot down a few notes or approach it as something casual where you document some of the more serious instances, but not all.

What you need is formal record-keeping that will stand up to scrutiny whether before your company-led arbitration, before the EEOC or other agency or in a court of law.

Why is Forensic Notes the best way to record Workplace Harassment information?

The burden of proof in harassment cases is a heavy one. To have any chance of success, accurate record keeping is absolutely vital.

The following reasons are why you need to have a detailed and accurate record of dates, situations and descriptions of the incidents:

Document all Facts of your Claim

Harassment claims are very fact-specific, and it is the facts that will make or break your case. In the absence of solid documentary evidence,  such cases often come down to “he said, she said,” especially if there were no witnesses to the incidents or witnesses who are willing to testify, so the victim stands the risk of having their case dismissed for lack of evidence.

Witnesses Not Always Reliable

Even where there are witnesses to the harassment, the victim may find that by the time their case gets to court, those witnesses have left the company.

Data is Volatile

Many companies have automatic email deletion. After a few months, a victim may find that he or she is unable to recover incriminating emails that were sent or deleted, and there’s simply no record of them.

Contemporaneous Notes are Highly Valued

With Forensic Notes, you can store emails, text messages, records of your complaint to Human Resources or other documentation.

Forensic Notes replicate bound and numbered paper notebooks used in business, legal and law enforcement situations. Because it is an impartial, third party platform, Forensic Notes guarantees the authenticity and demonstrates the contemporaneousness of any written material that is likely to be submitted as evidence in court, arbitration or other forums.

How does Forensic Notes work?

With Forensic Notes, users get an industry leading security system that protects the integrity of all information stored in it. It is easy and straightforward to use. Simply sign up for an account.

Your account is protected using multiple layers of encryption and multi-factor authentication. (See Security & Data Encryption page for details)

Once signed up, you can create Forensic Notebooks which include ALL Forensic Notes that have been entered into that notebook, and you can categorize them in any way you want.

For example you may have a Notebook called “Workplace Issues” to store notes, emails, witness statements, etc regarding your workplace harassment incidents.

Within this Notebook, it would also be good to include your diary notes about how you feel as a result of those incidents. This allows you to keep everything together in one notebook which can then be presented as a Forensic Notebook in court if required.

This would show a clear timeline of your thoughts and feelings as a result of the incidents that occurred. Forensic Notes allows you to create multiple notebooks which you can use for other purposes too.

Once saved, your notes and any attachments become read-only and a Digitally Signed PDF of your Notes and attachments is created.

This protects the integrity of the documents as they cannot be tampered with. A Timestamp of the Digitally Signed PDF is created using an Trusted Timestamping Authority (TSA) and saved with the original note and attachments.

The timestamped document is now known as a Forensic Note.

Forensic Notes and Forensic Notebooks can be printed at any time, including for court or arbitration purposes.

You may then present them as evidence in your case, with irrefutable proof that the notes (and attachments) were entered on the date recorded within the Digital Timestamp.

If I am being harassed at work, what kind of compensation do I deserve?

It depends. If you are successful in your harassment claim, the amount you can get in financial compensation depends on what sort of harm you’ve suffered because of the harassment.

Harm could be financial, such as if you’re denied a promotion that would have earned you more money, or you’re forced to leave your job because you could not take the harassment anymore.

For that kind of harm, you may get damages which include back pay and front pay, to compensate you for wages that you lost.

You may also suffer emotional harm, like the case of Anna above who is left feeling anxious, frustrated and fearful.

For this kind of harm, you may get damages for pain and suffering. In addition, you could get punitive damages which are intended to punish your employer for condoning or failing to put a stop to the harassment.

Ultimately, what you can get in dollar sum depends on the facts of your case, but as the figures previously mentioned show, compensation can potentially be in the hundreds of thousands of dollars or even more.

Average EEOC settlement amounts are also quite substantial.

For you to get any compensation however, you first need to report the harassment. And if you’ve read up to this point, you probably realize by now that reporting harassment means much more than simply  going to your supervisor and saying “A is harassing me.”

You need proof. Solid, credible proof that is contemporaneous to the instances of harassment.

Forensic Notes’ document-authentication and storage system helps you cross that hurdle by giving your documents the credibility and authenticity they need, so that you can take the first step towards getting the compensation you deserve.

Give yourself a fighting chance – start recording today to ensure you have the right kind of evidence to prove your case.

Proving Workplace Harassment

Being the victim of harassment at work can be pretty traumatic, but you don’t have to suffer in silence. You can take a stand against the harassment by reporting it.

Frequently though, harassment does not end with simply reporting it. The problem may drag on for a while and you may even end up in court.

Whether or not you do end up in court, here are three key elements you need to be able to show in order to have a case:

3 Key Elements to Having a Legal Case

2. The Harassment Offended You

The behavior in question should be something you find offensive. What is offensive is easy to determine in some cases, but difficult in others.

A verbal abuse for instance, can be reasonably presumed to be offensive, but what if it was a “joke”?

Nobody can decide for you what you must find funny, so a joke could easily be offensive. However, that is not to say you should take offence at everything. Which is why you should try to clarify things with the offender by letting them know you do not welcome the behavior or language.

That way, if it was an errant joke, they have a chance to stop it. If it continues after having made your feelings known, then you can put that down to deliberate attempts to offend you.

3. The Harassment Affected you Negatively

Thirdly, you have to prove that the harassment affected you, either physically or mentally and in terms of your work performance.

If your health, mental state and work performance took a turn for the worse, you can get your medical and mental health records as well as previous performance reviews to show the impact of the harassment on you.

3 Key Steps to Proving Workplace Harassment

Proving workplace harassment can be difficult because, more often than not, it is your word against the harasser’s. But that does not mean that you should or cannot do something about it.

Here are three steps you can take if you’re being harassed at work:

1. Record and Document

Record all instances of harassment, even when they are implied as “jokes”. Harassment comes in various forms of course, so make sure you note down the different ways your harasser is targeting you, whether it be threats or promises of promotion in exchange for sexual favors.

Note down the date, place and time.

Don’t worry if there are no witnesses. Harassers usually wait for opportunities to catch you alone, so it’s possible there won’t be any witnesses.

2. Do NOT Delete Text Messages, Emails or Chats

You may receive text messages, emails, Facebook posts and even hand written notes or cards.

Don’t just keep them, take photos and make digital copies and store them online in case you lose your phone or it crashes.

When all hell breaks loose, you need them to prove that the harassment has been going on for some time.

3. Don’t store Evidence on your Office Computer or in your Desk

Duh! The first thing you lose access to if you get fired is the office computer, and you only have a few minutes to clear out your desk. And don’t even kid yourself that you can’t get fired.

Evidence from the EEOC suggests that retaliation is one of the leading causes of complaints they receive.

What’s retaliation? Well, let’s just say your complaints about harassment could make someone at your office very mad and they either decide to make your life miserable or just outright send you packing. That’s retaliation.

Even if you don’t get fired, what’s to prevent someone from rifling through your desk and taking your notes, or even deleting your stuff from the company server?

So to protect yourself and prove your harassment in court, make sure your notes and documents are stored in a safe, neutral place and in a manner that makes them admissible in court. Here’s a pretty nifty tool that helps you do just that.

Dealing with any form of harassment can be traumatic, but you can stay one step ahead by following these three simple steps.

Defining workplace sexual harassment in theory might seem straightforward, but in reality it is a grey area that  can be quite subjective. This can make accusations and the handling of sexual harassment allegations challenging to say the least. In addition, all parties to the allegations of sexual harassment deserve due process, and balancing this can be quite tricky. The alleged perpetrator deserves to be seen as innocent until proven guilty, while the rights of the alleged victim to seek recourse also needs to be respected, while ensuring that the allegation does not impede their career aspirations. This minefield of complexity makes many victims to remain quiet and some companies simply bury their heads in the sand and pretend nothing is happening.

Equal Pay/Compensation

The Equal Pay Act requires that males and females in the same workplace receive equal pay for equal work.

The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” No one should have to deal with adhering to a request of this nature in order to maintain their employment status.

If you are the victim of sexual harassment in the workplace, there are some steps you can follow to ensure the matter is addressed. Each of these steps is important on its own, but to get the most value out of taking these steps, make sure that you are keeping a detailed record and documenting everything that transpires. Don’t only rely on the notes that your company is taking. Your own personal records will be invaluable evidence for you.

Definition: What is Workplace Sexual Harassment?

Workplace sexual harassment refers to harassment of a sexual nature, which is based on gender or physical attractiveness or un-attractiveness of a person, and consists of unwelcome sexual advances, propositions for sexual favors and any other verbal or physical conduct of a sexual nature.

There are two types of sexual harassment recognized under Federal law in the US: quid pro quo and hostile work environment (the equivalent terms “sexual coercion” or “sexual annoyance” are also used in Canada).

Sexual Coercion Definition (Canada) /
Quid Pro Quo Definition (United States)

Quid pro quo or sexual coercion refers to instances where job benefits such as promotions, pay and performance appraisals are conditioned upon the employee providing sexual favors. Instances of quid pro quo sexual harassment include when a manager or person of authority threatens to terminate an employee who does not submit to sexual advances or where the manager or person of authority makes promises to promote an employee in exchange for sexual favors.

Sexual Annoyance Definition (Canada) /
Hostile Work Environment Definition (United States)

Hostile work environment or sexual annoyance refers to situations where an employee’s work environment is made hostile, intimidating or offensive due to the unwelcome sexual conduct and the conduct unfairly interferes with the employee’s work performance. Some examples include making offensive and/or suggestive sexual comments or jokes, conversations about sex and displaying or sexually oriented materials.

7 Steps in Dealing with Workplace Sexual Harassment

1. Talk to the Person Directly

Once the first incident of sexual harassment occurs, be very clear in letting the person know the behavior is unwelcome and ask them to stop. If the behavior continues after that, tell them that you plan to file a report with Human Resources. Sometimes a person can actually be oblivious to the fact that their behavior is offensive and unwanted. Therefore, that initial chance to clean up their act is a nice gesture that could potentially clear up the matter.

2. Alert Your Manager or Supervisor

If the behavior does continue after that initial conversation, report the incident officially to your immediate supervisor. He or she will likely ask you to follow up your verbal explanation with a written report describing the event in as much detail as possible. It is possible that your immediate manager is the harasser or if he or she refuses to take action, alert the next person in your reporting line. Whoever you report to should handle your complaint with discretion and confidentiality. If there is any evidence related to your grievance, be sure to present that at the time of your formal complaint.

3. Alert Human Resource Management

If your employer has a complaint procedure (which it should), follow the steps set out under the procedure for bringing the harassment to the appropriate parties within your company. Certainly bring it to the attention of your HR department as they would be best equipped to inform you of next steps or any actions to take in the meantime. Note that everything needs to be in writing. You want documentary proof that you can later refer to. Your HR department will also take their own notes, but make sure you take yours too.

4. Submit to Company Resolution Process

Submit to arbitration or other process that your company offers to resolve the problem. Take part in the fact finding steps or meeting initiated or requested by your HR department. Don’t just make a complaint and then refuse to cooperate with efforts being made to resolve the matter. Provide all the necessary details requested and provide any evidence that you may have.

5. Approach the EEOC

Some companies have been known to really drop the ball when it comes to sexual harassment allegations. If your complaint is not handled to your satisfaction, or the harassment continues, it is well within your right to contact the Equal Employment Opportunity Commission to file a case. It is their job to investigate and address issues of discrimination and harassment in the workplace. Once things escalate to this point, it is probably in your best interest to hire an attorney. Depending on the facts of your case, the EEOC may after investigation, decide to dismiss your charge, investigate, request that you and your employer try to settle or mediate the dispute, or take other action. The evidence you provide is what the EEOC can work with, so obviously the better the quality of the evidence you have the better your case. As previously alluded to, such evidence will include all the notes you’ve been taking throughout the process.

6. File a Lawsuit

Depending on the severity of the incident, filing a lawsuit may be the next step. After processing your claim the EEOC may issue you a right to sue letter, which will then enable you to file a lawsuit. Be sure to have your ducks in a row after consulting the EEOC. There is a chance that monetary damages can be awarded if you were let go due to the incident. For you to get any compensation, however, you need to be sure that you have  credible evidence that is contemporaneous to the instances of harassment, your reporting it to your manager and all the other steps you’ve taken.

7. Keep Track – Document Everything!

As alluded to above, the right documentation is critical to ensuring that you get justice if you have been a victim of sexual harassment. It is not enough simply to document, it is also very important to make sure that you store and present your evidence in a way that guarantees their authenticity. Otherwise, you could be accused of fabricating evidence after the fact. Forensic Notes’ document storage and verification system protects the integrity of all your documents and other evidence stored on it, thus giving your documents the credibility and authenticity they need, so that they can be accepted as evidence, whether it’s by  the EEOC or in court.

How to Prove Workplace Sexual Harassment – 7 Steps

For legal reasons, if you plan to prove workplace sexual harassment, you should follow these seven steps to clearly show that you objected to the unwanted gestures, comments or physical contact. If these steps are not followed, then proving that you were not a willing recipient will be more difficult.

1. Talk to the Person Directly
2. Alert Your Manager or Supervisor
3. Alert Human Resource Management
4. Submit to Company Resolution Process
5. Approach the EEOC
6. File a Lawsuit
7. Keep Track – Document Everything!

Can I Sue for Workplace Sexual Harassment?

Employees can sue for sexual harassment in the workplace if an employer is made aware of the work environment and doesn’t take the initiative to fix the problem. If this is the case, the employer can be held liable for the workplace sexual harassment. However, if the employer is not engaging in the alleged activity or isn’t made aware of the situation, the employer will most likely not be held responsible. This is especially true if the employer has a program or process in place that allows employees to submit grievances and the employee doesn’t take advantage of the program or process. To be successful in their claim of sexual harassment, employees should keep detailed records of any instances of sexual harassment to serve as proof and follow human resource guidelines if available.

What is Ageism?

Ageism is defined as stereotyping and discrimination against individuals or groups on the basis of their age.

The term encompasses two concepts:

1. a socially constructed way of thinking about older persons based on negative attitudes and stereotypes about aging;
   and
2. a tendency to structure society, or from a work perspective, a tendency to structure the workplace based on an assumption that everyone is young.

The result of such stereotyping and assumption of youth is that society and workplaces fail to respond appropriately to the real needs of older persons.

Ageism has the ability to impact an individual’s confidence, job prospects, financial situation and quality of life.

Employment Equity legislations protect persons over the age of 40 from ageism in employment, but it is often difficult to prove.

The EEOC protects individuals from being discriminated due to age.

The key is to have proper documentation to support your case.

What is Age Discrimination?

Age discrimination is when an employer treats an individual unfairly or unfavorably because of their age.

It is also unlawful to harass an individual because of their age.

Harassment can include, for example, offensive remarks about an employee’s age.

An employment policy or practice that applies to everyone, despite their age, can be illegal if it has a negative impact on employees or job applicants who are 40 or older.

Employers are prohibited from hiring, terminating, and promoting or deciding an employee’s compensation based on their age.

Oftentimes, however, it can be difficult to determine whether an employer’s actions were motivated by ageism or by a belief that another person can perform a particular job better.