When Workplace Harassment Strikes: Your Documentation Could Be the Key to Justice

Sexual harassment in the workplace remains a pervasive issue affecting millions of employees across the United States. According to recent data, 91% of the U.S. workforce have experienced some form of discrimination, and 78% of all workplace sexual harassment cases filed to the Equal Employment Opportunity Commission (EEOC) are from women. If you’re facing this difficult situation, understanding how to properly document incidents can make the difference between a dismissed complaint and successful legal action.

Why Documentation Matters More Than Ever

Documentation is important when it comes time to report harassment to human resources or a higher-up. While you don’t need documentation to file a complaint, it can help whoever’s investigating know who to speak to or where to look, and it can help support your claims by providing a record of what happened and when. Contemporaneous notes are a strong and persuasive form of evidence in employment law cases. As such, victims of sexual harassment should keep ongoing notes about what happened.

If you’re facing workplace harassment, the single most powerful thing you can do—before reporting or filing a claim—is to document everything. Strong documentation can mean the difference between a dismissed complaint and a successful legal case.

Step 1: Create Your Documentation System

As soon as a harassment incident occurs, write down exactly what happened. Create a dedicated journal or file (on a personal device or notebook) to log each incident. Include who was involved, what was said or done, when and where it happened, and who else witnessed it.

Your documentation should include:

• The day, time and location when it happened. Include every detail. You should note who was involved, what was said or done and how long the incident lasted.
• If the incident involved inappropriate touching, make sure you document what you (or the victim) was wearing, where the touching took place and the areas of the body involved.
• How you felt after the incident. Even if you had to laugh it off when the incidents take place in a group, you should still make a note of what you were actually thinking.
• How this unwanted behavior impacts your ability to do your job. In many cases, victims are so concerned about the behavior happening again that it impacts job performance.

Step 2: Preserve Physical and Digital Evidence

Start by collecting as much detailed evidence as possible about the harassment. Be sure to save any offensive letters, photographs, cards, or notes you receive. Obtain statements from anyone who witnessed the harassing actions or words. Take photos, audio or video of any actions or words if possible. Keep any physical evidence, such as notes, gifts or other items. Keep any communications, whether handwritten or digital, like emails or texts.

Keep copies of any physical evidence, such as emails, text messages, or voicemails. If harassment occurs through social media or messaging apps, take screenshots immediately before the harasser can delete the evidence.

Step 3: Secure Your Documentation

Ensure that you keep a copy of your journal in a safe place, away from the workplace. If your journal is in the form of an online document, back it up onto a cloud drive or a thumb drive (or both) for additional storage. This prevents your employer from accessing or destroying crucial evidence.

Step 4: Report Through Proper Channels

Put your sexual harassment complaint in writing so that your employer cannot deny that you made the sexual harassment complaint. Too many times employers claim a sexual harassment complaint was not really a complaint about sexual harassment. When documenting incidents, make sure to put your complaints in writing. Include details such as dates, times, locations, and any witnesses present.

You should carefully document everything that you did to report the issue. Note any conversations you had with your employer or supervisors, including the time, date, and any key details.

Step 5: Gather Supporting Evidence

In addition to documenting every incident of sexual harassment, you should also gather evidence that supports your value as an employee. You should have copies of your work evaluations, information about promotions you have been or are being considered for and anything else that demonstrates your value as an employee. Continue performing your job in an exemplary manner. Keep records of your work evaluations, letters of commendation or memos that show that you do a good job at work.

Step 6: Know Your Legal Timeline

The law allows you to file a claim of workplace sexual discrimination up to 180 days – six months – from the date of any discriminatory activity. Don’t wait too long to take action, as these deadlines are strictly enforced.

When to Seek Legal Help

If your employer fails to address the harassment adequately or you face retaliation, it’s time to consult with an experienced attorney. You should seek legal advice from an employment lawyer or law firm with experience handling sexual harassment claims. A qualified sexual harrassment attorney Manhattan, NY can help you understand your rights, evaluate your case, and guide you through the legal process.

Proving a sexual harassment case can be complicated. You must comply with specific sexual harassment laws, procedural rules, and time deadlines. You also must develop and present your proof of harassment in compliance with the rules of evidence. An experienced sexual harassment lawyer in NYC can ensure that you meet all of these requirements and present the strongest possible case.

Remember: You’re Not Alone

The good news is that documenting harassment can empower victims and protect their rights. Careful documentation validates the experience and provides the proof a legal case needs. A well-kept journal can help paint a clear picture of the sexual harassment you experienced at work to a jury in the event the case goes to trial.

Sexual harassment is never acceptable, and you have legal rights that protect you from this behavior. By following these documentation steps, you’re taking control of your situation and building a foundation for justice. Remember that it is illegal for an employer to punish you for reporting sexual harassment.

If you’re experiencing workplace harassment, don’t suffer in silence. Start documenting today, report through proper channels, and consider consulting with an experienced employment attorney who can help you understand your options and fight for the justice you deserve.