While most employers have a sexual harassment policy, not all do. The requirements for a sexual harassment policy vary by state and company.
For example, some states require that a company whose total employees exceed a minimal number have a written policy that is shared with every new hire.
Some smaller companies may not feel a policy is necessary since it is not required by law. You should check the laws in your state to determine if your employer is required by law to have a sexual harassment policy.
Why Is This Important To Know For A Sexual Harassment Case?
A sexual harassment policy can be helpful to your sexual harassment claim against your employer if you have been sexually harassed while on the job.
If your employer has a sexual harassment policy in place, it can be used to hold your employer accountable for the sexual harassment that you have faced while working. Be sure to review your company’s policy in detail.
You will need to prove that your employer created an environment that allowed sexual harassment and that created a hostile work environment.
If your employer knew harassment was occurring and they did nothing to stop it, that can also be used to support your claim as well. You should keep your copy of your employer’s sexual harassment policy, so you can access it if the need should arise.
If there is not a sexual harassment policy in place, then it could be used as evidence that your employer helped create the hostile work environment and allowed sexual harassment by not having a clear guideline for workers to follow.
Without strict guidelines, processes to follow, and detailed explanation of punishment for sexually harassing a fellow employee, then workers may not take the matter seriously.
Evidence To Note
You should be attentive to several things as they will be asked of you should you ever need to file a sexual harassment claim. If your company has a sexual harassment policy, you should make sure you have a copy of it and keep it for your records.
You should also make note about any sexual harassment training you attended, if there was any, and be sure to keep any documentation provided at the training sessions.
If you have been sexually harassed in the workplace, did you report it to your company’s human resources (HR) department? If so, be sure to document how they responded.
Keep proof that you notified them of the incident and that you filed a formal complaint. You should document their response and be sure to note everything that is said to you.
You should gather evidence for your sexual harassment claim. If you have the supporting evidence that shows you suffered sexual harassment in the workplace, you can have a successful claim and recoup compensation for your damages.
Your damages may include lost wages, lost benefits, mental anguish, and more. An employment law attorney can help determine the extent of your damages.
Evidence that can help your claim include physical and electronic communications and any video footage, such as surveillance cameras, that may have caught the harassment on video. This will help prove that you suffered sexual harassment in the workplace.
Statements from eyewitnesses can also be helpful, and an attorney may speak with former employees of the company to determine if there is a pattern of such behavior.
Even if you think that the evidence is not substantial, you should hang onto it because it can help build your case against your employer. The more evidence that you have, the more convincing your claim will be.
Get a Free Case Evaluation
You should consider enlisting the help of an employment law attorney. Someone who is experienced in employment law and who is familiar with sexual harassment claims can determine what is required of the company and how to proceed with your claim.
An attorney will gather supporting evidence and help you build your claim against your employer. Your lawyer will also look for a pattern of sexual harassment from your employer and will work to ensure that you are treated fairly throughout the claims process.
Your lawyer will take over communications with your company and will work to make sure the issue is resolved. You do have limited time for pursuing a sexual harassment claim, so complete the Free Case Evaluation Form to get your case reviewed today. You do not want to wait too long to act.
