If you feel like you’re being subjected to harassment at work, you may be wondering what type of evidence you would need in order to confidently bring a lawsuit. There are three primary types of evidence which we look for as lawyers in a harassment case.
Let’s rank these types of evidence, but before we do so, REMEMBER – in order for harassment to be unlawful in the work environment, the harassment generally has to pertain to some protected characteristic (like sex, race, religion, age, gender, sexual orientation, etc.). If your coworkers or your managers are being bullies or jerks, or if they are overworking you, or if you feel you are being unfairly targeted more than others, that is usually not enough to prove harassment unless you can tie it to something like your sex, race, religion, and so forth.
So what types of evidence can we use to prove harassment?
1. Personal Testimony (“he said/she said”): Contrary to popular belief, you can prove harassment with only your own oral account of the harassment, detailing specific incidents, dates, and types of inappropriate behavior. The drawback to this type of evidence, however, is that the harasser/employer can simply deny the harassment occurred based on their own personal testimony. So how do you strengthen your case? That leads us to second and third best types of evidence:
2. Documentary Evidence: Documentary evidence includes things like text messages, emails, pictures voicemails, video recordings, or complaints to your managers. This evidence is usually more powerful than personal testimony because it is very difficult to dispute something that your own eyes can see. Even if you are only being harassed verbally, you can create documentary evidence of that harassment by making a written complaint to your employer.
3. Witness Statements: Perhaps as equally powerful as documentary evidence is witness testimony, which includes statements from individuals who witnessed the harassment or who can corroborate your experience. Witness statements can be very persuasive in court because witnesses typically do not have anything to gain by sharing their experiences. Witness statements can be especially helpful to obtain before a lawsuit is even file – witnesses may change their version of events later if they feel pressure from the harasser or employer to side with them.
It’s always a good idea to share your experiences and evidence with a lawyer to see if you have enough evidence to bring a lawsuit for harassment. If you’d like us to go over your case with you for free, please don’t hesitate to call us at (424) 235-4385.