Experiencing workplace sexual harassment can have a profound emotional and physical impact, often leaving victims feeling vulnerable and isolated not just in their workplace, but everywhere else as well. When the situation escalates, even after reporting it to their supervisors and HR, many choose to file a formal complaint or a lawsuit, and the emotional strain can become even more overwhelming. When a workplace sexual harassment lawsuit or complaint is filed with the state, the burden of proof rests heavily on the victim. This legal requirement means that victims must gather and present a sufficient amount of evidence to convince the state, a judge, or a jury that workplace sexual harassment truly occurred. While it may seem unconscionable to doubt the experiences of a sexual harassment victim, the legal process requires that these claims be substantiated with proof, placing an additional and often daunting responsibility on those who have already experienced significant trauma. To give you the basics of what the burden of proof entails, we want to provide you with an overview of several forms of evidence that can be crucial in proving workplace harassment.
What Is The Burden Of Proof In The Workplace?
In a South Carolina workplace sexual harassment claim, the burden of proof requires the victim to demonstrate that the harassment more than likely occurred. This is established by a standard legally known as “preponderance of the evidence,” which means the victim must show that there is more than a 50% chance that the sexual harassment occurred. To pursue justice and obtain compensation for sexual harassment in the workplace, the victim typically needs to file a Charge of Discrimination with the appropriate government agency and then proceed with a workplace sexual harassment lawsuit. If victims are unsure of how to follow through with these, they can contact a sexual harassment in the workplace attorney for legal assistance. Unlike in criminal cases, where the standard of proof is much higher, civil cases like these require providing evidence that proves there is a 51% or higher chance the harassment occurred in order to hold the responsible parties accountable for their actions.
What Evidence Can Be Used To Fulfill The Burden Of Proof In A Sexual Harassment Claim?
If proper protocols are followed when reporting sexual harassment that is experienced in the workplace, it can significantly strengthen your case by creating a clear record of the incidents. This documentation, along with other forms of evidence, can be critical in fulfilling the burden of proof. By ensuring that each act of harassment is carefully documented and reported, you increase the likelihood that the necessary evidence will be available to support your claim. The most common forms of evidence used to prove sexual harassment in the workplace include:
Emails, Messages, & Recordings
A very valuable type of evidence that can be used when proving a workplace sexual harassment claim is a well-documented or recorded trail of the harassment. This can include recordings, messages, emails, or any other form of written or recorded verbal communication that captures the inappropriate behavior. Such evidence might include:
- Explicit sexual advances
- Images
- Improper comments
However, even less overt communication can be very important proof as well. For instance, repeated invitations to dinner or drinks, or evidence that the harasser began ignoring your work-related emails after being rejected, can help corroborate your story and demonstrate the impact of the sexual harassment on your ability to perform your job.
Witnesses Or Other Sexual Harassment Victims
Another particularly valuable type of evidence when trying to prove workplace sexual harassment is witness testimony, especially from other victims who may have experienced similar behavior from the same assailant. If you were sexually harassed by another employee or manager, there may be other victims within the same workplace. Other long-time co-workers might also be aware of others who have faced harassment, and former employees can also serve as important sources of information and provide testimony. Additionally, having a sexual harassment in the workplace attorney research the company’s litigation history can help identify past victims, further strengthening your case with corroborating testimonies. These collective accounts of sexual harassment in a place of employment can play a crucial role in demonstrating a pattern of harassment and fulfilling the burden of proof.
Evidence That HR Or Supervisors Failed To Address Sexual Harassment
Another type of evidence in proving workplace sexual harassment is documentation that shows HR or supervisors were aware of the harassment but failed to address the situation and stop it from occurring again. Evidence of your communications that show you reporting, resisting, or objecting to the harassment not only demonstrates that the conduct was unwelcome but also establishes that the employer was informed of the issue. While the law does not mandate that complaints of workplace harassment be made in writing, documenting your reports of sexual harassment provides a paper trail, as employers often deny receiving verbal complaints to avoid taking responsibility. If the harasser is a non-supervisory employee, it is essential to show that the employer or HR department knew or should have known about the harassment and failed to take corrective action or prevent it from happening again. Your written complaint serves to satisfy the requirement to provide your employer with notice, making it a critical component of your claim. A sexual harassment lawyer South Carolina will be able to use this evidence to prove that your employer shirked their duty to protect their employees from reported instances of sexual harassment.
Contact A Sexual Harassment Lawyer In South Carolina
The most effective way for victims to fulfill their burden of proof in a South Carolina workplace sexual harassment claim is to seek the assistance of an experienced sexual harassment attorney. These legal professionals specialize in navigating the complexities of providing evidence in such cases and can guide you through the process of filing a claim, as well as gathering and presenting the necessary evidence. A sexual harassment lawyer in South Carolina will also utilize these types of evidence to build a strong case and help victims meet the burden of proof required when seeking compensation and justice to hold the responsible parties accountable.
