Holding an employer accountable for sexual harassment isn’t easy. Workers feel anxious about speaking up at all. Even when they find the courage to do so, they may not have adequate proof of what has happened. Their employers may refuse to act without corroborating evidence, and successful litigation typically also requires proof.
Frequently, sexual harassment allegations create a he-said, she-said scenario. Regardless of the sex of the people involved in the situation, the worker alleging workplace misconduct often has to fight an uphill battle in the pursuit of justice. The people engaged in sexual harassment often don’t admit their misconduct. It falls to the plaintiff to establish that something illegal or abusive actually occurred.
Personal documentation can be a crucial form of evidence. Some workers are lucky enough to be able to capture evidence using their mobile phones, but not all workers can carry their devices while on the job. Maintaining a special journal that outlines each incident in detail can help substantiate claims of a hostile work environment or quid pro quo harassment.
How do people keep written records of harassment?
There are certain details that every entry in a journal outlining sexual harassment needs to contain. The five “W” questions that journalists typically need to answer when reporting on a major incident are also questions people need to consistently answer when keeping a written record of harassment.
Who was present, including both perpetrators and witnesses? What did they say or do? When did the incident occur? Where did it happen? Why was the behavior inappropriate or upsetting?
The answers to those five questions when extrapolated across numerous incidents can help show a clear pattern of workplace abuse that warrants the company’s intervention. Workers may also need to keep records of their communication with management or human resources about the harassment they experience. That way, they can show that the company failed to act or retaliated against them.
Physical notes written in a small notebook owned by the party reporting the harassment are often the best source of private documentation available in the sexual harassment claim. Using company resources or electronic devices to document harassment can sometimes lead to secondary complications.
Keeping clear records can help those enduring workplace sexual harassment demand justice for workplace misconduct. Workers who have help as they gather evidence and address sexual harassment may have a better chance of fighting back against it.