How to Strengthen Your Sexual Harassment Claim

Sexual harassment in the workplace undermines employee well-being, productivity, and organizational integrity. Addressing this issue is crucial to fostering a safe, respectful work environment where everyone can thrive. 

This blog provides essential tips to strengthen your sexual harassment claim, empowering victims to take action, document incidents effectively, and seek legal support. Following these guidelines can better protect your rights and contribute to a safer workplace.

What Is Sexual Harassment?

Sexual harassment in New York is defined under state law as unwelcome conduct of a sexual nature that creates a hostile work environment. This includes:

• Unwanted sexual advances
• Requests for sexual favors
• Verbal or physical harassment of a sexual nature

The law provides these protections to all workers regardless of the employer’s size. It covers a broad range of inappropriate behaviors, including explicit actions and subtle forms of harassment like suggestive comments or gestures. Employees must recognize and acknowledge such behaviors to take appropriate legal action.

Document Everything

Documenting everything is crucial to strengthening your sexual harassment claim. Keeping detailed records of incidents is essential:

• Record Details: Note dates, times, locations, and descriptions of each incident.
• Identify Witnesses: Include names of any witnesses present during the incidents.
• Save Evidence: Preserve emails, texts, voicemails, notes, or any physical evidence corroborating your claim.
• Maintain Consistency: Ensure your documentation is consistent and accurate to build a strong case.

Additionally, maintain a journal to record your experiences and feelings about the harassment. This personal account can provide valuable context and support your claim when reviewed by an attorney or presented in legal proceedings.

Report the Harassment

Reporting harassment promptly is vital for strengthening your claim:

• Follow Internal Procedures: Utilize your company’s formal reporting process, usually outlined in the employee handbook.
• Notify HR or a Supervisor: Report the harassment in writing to human resources or a trusted supervisor.
• Be Detailed: Provide specific information about the incidents, including dates, times, locations, and involved parties.
• Request Acknowledgment: Ensure you receive written confirmation that your complaint has been received.

If your employer lacks a formal process for reporting harassment, document your attempts to do so. This will show that you took steps to address the issue, which is critical in legal proceedings.

Seek Support From Colleagues

Seeking support from colleagues and witnesses can significantly strengthen your sexual harassment claim. Having corroborating witnesses who observed the harassment or can attest to its impact on you is crucial. Approach trusted colleagues and ask if they will provide statements or testify on your behalf. Their accounts can lend credibility and support to your claims.

Additionally, consider seeking emotional and professional support. Talk to friends, family, or a counselor to help you cope with the stress of the situation. Joining support groups or consulting with victim advocacy organizations can provide guidance and resources, reinforcing your resolve and helping you navigate the legal process more effectively.

How An Attorney Can Help

Consulting an experienced employment attorney is essential to effectively handling a sexual harassment claim. An attorney can provide crucial support in several ways. They help you understand your rights and the legal options available under New York law, offering invaluable legal guidance. An attorney also assists in gathering and preserving vital evidence, ensuring it meets legal standards, and reviews your documentation for accuracy and completeness, thereby strengthening your case. Furthermore, they can help you file formal complaints with the EEOC or NYSDHR, ensuring all deadlines and procedures are met.

An employment attorney can negotiate with your employer to reach a fair settlement and, if necessary, provide skilled representation in court, advocating for your best interests. By consulting an attorney, you gain a powerful ally who can navigate the complexities of the legal process, protect your rights, and work towards achieving a favorable outcome.

Fight Back Against Sexual Harassment

Addressing sexual harassment in the workplace is crucial for maintaining a safe and respectful environment. If you or someone you know is experiencing sexual harassment, don’t hesitate to take action and seek legal support. Contact Lipsky Lowe today for a confidential consultation, and let us help you protect your rights and pursue justice.