Sexual harassment in the workplace is a serious issue that affects employees across Philadelphia. If you’ve been subjected to sexual harassment at work, it’s crucial to document the incidents carefully. Proper documentation not only helps protect your rights but can also serve as crucial evidence in building your case should you decide to report the harassment or pursue legal action. Here’s a step-by-step guide for documenting sexual harassment as an employee in Philadelphia.
1. Understand What Constitutes Sexual Harassment
Before documenting, it’s important to understand what constitutes sexual harassment. Under both federal and Pennsylvania state law, sexual harassment includes any unwanted, inappropriate behavior of a sexual nature. This can involve physical acts, verbal comments, visual displays, or online harassment. Some examples include:
- Unwelcome physical contact (e.g., touching, kissing)
- Offensive jokes or comments related to gender, sexual orientation, or appearance
- Unwanted sexual advances
- Displaying sexually explicit materials in the workplace
- Requests for sexual favors
It’s essential to remember that sexual harassment can happen to anyone, regardless of gender or position, and can occur in various forms, whether from a colleague, supervisor, or someone in a position of power.
2. Write Down the Details Immediately
The first step in documenting an incident is to write down as much detail as possible right after the event occurs. This should include:
- Date and Time: Note exactly when the incident took place. The more precise, the better.
- Location: Where did the incident occur? Whether it was in the office, during a business trip, or at an after-hours event, record the location.
- People Involved: List everyone who was directly involved in the incident, including witnesses who saw or heard what happened.
- Nature of the Harassment: Describe the specific behaviors that occurred. Was it physical, verbal, or visual? Be clear and specific.
The sooner you write everything down, the more accurate the details will be. Memories fade over time, and it’s important to preserve as much information as possible.
3. Keep a Record of Any Communications
If the harassment involves inappropriate emails, text messages, or social media messages, save them as evidence. Take screenshots, print out any correspondence, and store them in a secure location. Digital communications are powerful evidence in harassment cases, so ensure that you keep all forms of written communication that demonstrate the harassment.
In addition, if the harassment occurred verbally, make notes of any subsequent conversations that took place. For example, if the harasser tried to justify their behavior, or if anyone else became involved in the situation (such as a supervisor), record those details.
4. Document Your Response and Actions Taken
It’s important to document how you responded to the harassment. Did you confront the person? Did you tell them that their behavior was unwanted? Write down exactly what you said and how the other party reacted. Also, note if you reported the incident to a supervisor or HR department.
By documenting your responses, you can show that you took the necessary steps to address the situation and protect yourself from further harassment. If you didn’t immediately report the harassment, make a note of the reasons why, whether due to fear of retaliation, embarrassment, or uncertainty about how to handle the situation.
5. Keep a Record of Any Retaliation
Retaliation is illegal under both federal and state law. If you face any retaliatory actions after reporting sexual harassment, such as a change in job duties, demotion, or unjustified disciplinary actions, document these incidents as well. Keeping a record of retaliation is crucial for building a strong case, should you need it.
6. Report the Harassment to Your Employer
Once you’ve documented the harassment, you should report it to your employer. Most Philadelphia workplaces have policies in place that require reporting harassment to a supervisor or HR department. If your employer fails to act or dismisses your complaint, it’s time to consider taking legal action.
Make sure to follow up on your complaint in writing. If your employer doesn’t take appropriate action, consider contacting a lawyer.
7. Seek Legal Guidance
Documenting sexual harassment is an important first step, but it’s only one part of the process. If you decide to pursue legal action or file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the Pennsylvania Human Relations Commission (PHRC), having detailed documentation can be vital.
At The Gold Law Firm P.C., we are experienced in helping employees in Philadelphia navigate sexual harassment cases. Our team can help you understand your rights, guide you through the legal process, and protect you from retaliation.
Philadelphia Sexual Harassment Lawyers at The Gold Law Firm P.C. Are Ready to Assist
Sexual harassment in the workplace is a serious issue that no employee should tolerate. If you are experiencing harassment in your workplace, documenting each incident thoroughly can provide you with the evidence needed to hold the responsible parties accountable. For further assistance in handling your case, contact the Philadelphia sexual harassment lawyers at The Gold Law Firm P.C. for legal guidance tailored to your situation. Call 215-569-1999 or contact us online for a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.