For legal action to be successful, harassment in the workplace needs to rise to the level of creating a hostile workplace environment.Unless shocking acts are committed, most harassment cases are unsuccessful.This article talks about workplace harassment and how to prove it.
Step 1: Know what harassment is.
Unwelcome conduct is based on a protected condition.If harassment becomes a condition of employment or advancement, a reasonable person would consider it intimidating, hostile, or abusive.
Step 2: The classes of people should be recognized.
One of the protected classes of people must be the basis of workplace harassment.If you are harassed for other reasons, your only recourse is to quit your job or get your employer to stop the behavior.Only harassment based on your membership in that protected class will protect you from all harassment.Even if you are a protected class, you have no recourse against your employer if they harassed you because of your weight.Race color, religion, sex, age, and genetic information are protected by individual states.
Step 3: Determine the employment conditions.
The harassment of an employee is illegal if they have to endure it or risk being fired.It is against the law to retaliate for attempting to end workplace harassment.Firing the reporter upon learning of the report and no being able to support an alternative reason for the firing is an example of retaliation.
Step 4: If the conduct is severe, you should decide.
The harassment is not considered severe enough to fail a harassment suit.The conduct has to make the work environment intimidating or offensive to a reasonable person.Most isolated incidents are considered to be handled by a reasonable person.The severity of the conduct can be decided by a variety of factors.The effect on the employee's psychological well-being, whether the conduct interfered with work performance or was physically threatening, are included.
Step 5: Understand common practices.
There are many different forms of harassment.It would be hard to list them all in one article.Discussing sexual activities is one of the most common types of workplace harassment.
Step 6: You have to read the rules of evidence.
There are rules of evidence for your jurisdiction.The rules will be somewhat relaxed prior to trial.You should gather evidence that can be used in court.You will be subject to the rules of evidence if the agency gives you a right-to-sue letter.The types of physical evidence allowed are listed in the rules.
Step 7: There should be physical evidence to gather.
Physical evidence can be persuasive.You want to save as much physical evidence as possible.There are documents showing good reviews before the adverse employment action.
Step 8: Look for witnesses.
Testimony is a form of evidence.The witness' statements can be persuasive if the finder of fact believes them.It is necessary for witnesses to have experienced the topics of their testimony.They can't testify about what they heard.Potential witnesses would be able to testify that they witnessed multiple acts of harassment and saw items that were intended to humiliate the victim.
Step 9: It's a good idea to hire an attorney.
Employment discrimination law is very specific.It favors the employer in most countries.Local attorneys should be familiar with the laws in their area and how they are applied in the court system.Unbundled services, which are limited to simply providing for your needs, may be beneficial to pay for even if you don't use an attorney for full representation.Preparing documents, giving legal advice, and teaching the law are some of the services provided.
Step 10: You need to give required notice.
Most of the time, you have to notify your employer that the harassment is happening and ask that it be stopped.If your company has policies on how to report harassment, you must follow them.If your supervisor is the harasser, you should attempt to report to the human resources department or higher level management.
Step 11: Speak to the proper agency.
Both states and the federal government have laws against workplace harassment.You have the right to report into the federal government if you choose, even though state agencies are more favorable to employees.Contact the Equal Employment Opportunity Commission if you want to report to the federal government.You can find your local field office by calling them.The FEPA is your state's fair employment practices agency.You can locate them by doing an internet search.Some states require you to have an attorney.Regardless of where you report, you should be prepared to give your name and contact information, the number of employees your employer has, and a description of the events you believe were harassment.
Step 12: The agency requires that you work with them.
If you try to file a lawsuit before going through the agency process, it will be thrown out.Follow the advice of your attorney.Your initial report, your employer's response to your statements, an investigation by the agency, and an attempt to negotiate a settlement are likely to be part of the process.
Step 13: If given a right-to-sue letter.
You can file suit in either federal or state court if the agency grants you a right-to-sue letter.This will be a very complex case, so you should retain an attorney.You may be required to retain an attorney in some states.Discovery is one of the things you should anticipate during your case.You gather evidence to use in a trial.Asking questions under oath, other orally or in writing, asking for admissions of certain facts, and requesting the production of documents and other physical evidence are some of the discovery techniques.Settlements are required by many courts prior to trial.Settlement attempts are usually confidential and cannot be used in a trial.There are multiple motions to end the case.There will be motions to dismiss for various reasons.The judge only needs to make a determination about how the law applies to the facts based on the motion for summary judgment.There is a trial.If you go to trial, you will likely see the following: the opening statements of both parties, the presentation of witnesses and evidence, and the conclusion of the case.