How can sexual harassment be proven?
Question:
I worked with an employee that was written up for sexual harassment and they (work) never did more. Well, he did it again. The EEOC says the burden of proof is on the person reporting the harassment. Would not the proof be in his file that he did this once before mean anything?
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2 Responses to How can sexual harassment be proven?
Burden of proof would be verbal that someone other than yourself has overheard, any emails that other people were copied on, etc – along with what he was written up before. Since he has been written up before the write-up would be included in this investigation.
I am gathering from your question that you or your co-workers are interested in taking the matter to your supervisor or his. Do this immediately and don’t hesitate. Sexual harrassment is something that should not be tolerated in the workforce. If you have a HR Department – let them know too.
Provided that his "file" doesn’t disappear, which is typical in situations like this. There are guidelines that the EEOC and your employeer must follow in regards to your complaint. They are supposed to send an investigator to your worksite to conduct interviews and gather evidence to support "your" claim, but it doesn’t always work this way. The average EEOC investigator has a backlog of at least 4-6 years of cases on their agenda. If you are looking for a quick financial windfall, it won’t happen very quickly until they either give you a "right to sue" letter, or find in your favor on your complaint. I would advise writing down everything your remember, dates, times, places, witnesses to the harassment. Getting statements from anyone you can and putting them in your own personal file until you need them. You are entitled to copies of all EEOC paperwork and witness statements, so as soon as they are through investigating at your workplace, call them up and get the proper request forms, (Yes, you will have to pay a fee for the copies, but bit the bullet and do it anyhow, it’s worth it later.), and send off for any and all paperwork that they get. You will know in advance if there is any funny business going on. It is also illegal for the place you are working for to "retaliate" against you for filing a complaint against your co-worker. That is a violation of your rights too. I’d advise getting a dollar notebook, and keeping notes of all incidents, and hang in there. The outcome depends on the EEOC investigation or the EEOC granting your right to sue. IF the EEOC finds in your favor, they will negotiate a settlement. If the grant you a right to sue letter, this doesn’t mean that they find for or against you, it just means that they are giving you the right to seek your own legal representation, rather than letting the complaint bog their system down. Hope this helps.