Proving Workplace Sexual Harassment

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. This statute also includes protections against sexual harassment in the workplace.

Although this federal law and additional state laws prohibit workplace sexual harassment, many employers decide to ignore these mandates and commit this crime against employees.

If you have experienced sexual harassment in your workplace, learn how to file a claim and hold the perpetrator accountable for their actions.

What Constitutes Workplace Sexual Harassment?

Workplace sexual harassment can take several different forms, but it ultimately comes down to a repeated pattern of intentional behavior of a sexual nature that makes the victim feel harassed or uncomfortable.

Workplace sexual harassment can be physical, verbal, visual, electronic, and more. Often, workplace sexual harassment takes a “quid pro quo” form, meaning that the employer promises that the employee will receive an employment benefit or avoid an employment detriment with the completion of a sexual request.

Proving Workplace Sexual Harassment

In order to prove workplace sexual harassment, you must provide supporting evidence that meets legal requirements, including the following:

A record of communication from the harasser, including emails, voicemails, and text messages
A record of your complaint to the company and the company’s response
Your employment file
Your employer’s sexual harassment policy
Testimonies from witnesses
Photos or videos of incidents

When going through this process, it’s important to keep in mind that it is illegal for your employer to take any negative employment action against you for reporting incidents of sexual harassment.

Still, we understand that it may feel overwhelming to go up against your employer in this situation. At Charles W. Miller & Associates, our Louisville Employment attorneys specialize in employment law and we can help you file and prove charges of workplace sexual harassment.

We encourage you to contact us at (502) 890-9954 to schedule a free, confidential consultation with our team.