Going to work is increasingly stressful. Someone at your job, or maybe several people, are harassing you and making it hard to focus on your work. If you are concerned about workplace harassment, here are 5 questions to ask to determine if you have a claim for sexual harassment.

In this blog post I will review the law behind sexual and workplace harassment. I will also give suggestions for how you can prepare yourself before starting your case.

1. Have You Objected to the Harassment?

Title VII makes it illegal for employers to allow harassment at work based on a number of protected traits, including race, sex or gender, and religion. But for your discrimination claim to be successful, it must be clear that the behavior in question was objectionable. Employers are sometimes able to defend against discrimination claims by saying the complaining employee was playing along or didn’t seem bothered by the conduct.

Before heading to the lawyer’s office, ask yourself “Have I objected to the behavior?” This can be as simple as saying “That’s not funny” or as formal as a complaint issued with your union representative. The more often and more formally you object, the stronger your case will be that the conduct was unwanted harassment, not just horseplay at work.

2. Have Other Employees Seen the Harassment?

Workplace harassment claims often depend on the strength of witnesses’ testimony. If the only evidence you have is your own word, you will be facing an uphill battle. There are lots of ways to prove a workplace harassment case. If other employees were there when the harassment happened, that can be a great place to start. So ask your coworkers, “Did you see what he (or she) just did?”

In a sexual harassment claim, in particular, talking to other employees about what happened to you can often reveal patterns. You probably aren’t the only one who has faced unwanted sexual advances, or had managers tell you to toughen up rather than dealing with the problem. By talking to your coworkers about what they have seen, you can strengthen your case, and help them out as well.

3. Do You Have the Proof You Need?

Proving a workplace harassment claim isn’t just about witnesses. Often sexual advances or racial slurs show up in writing. Ask yourself “What proof do I have?” This could include:

• Messages through a workplace communications app
• Emails
• Notes
• Photos of offensive behavior or imagery
• Copies of performance reviews
• Copies of internal complaints and reports

These documents should be gathered and either printed or copied to a personal computer in a harassment log. By gathering your proof outside your employer’s systems, you can be sure you will have access to them no matter what happens on the job.

4. How Did Management Respond?

To file a workplace harassment claim with the Equal Employment Opportunity Commission (EEOC) or in court, you need to show more than just that the behavior happened. You also need to show that your employer failed to respond appropriately. Once you have reported the behavior, ask yourself “How did management respond?”

A reasonable response to a workplace harassment complaint doesn’t necessarily mean that you got what you wanted. But it should address to your concerns and minimize the chance of the harassment continuing. If you feel like your concerns were ignored or you are treated worse because of your complaint, you may have a strong case for workplace harassment.

5. How Do You Want To Resolve Your Claim?

The biggest question to ask yourself before filing a workplace discrimination claim is what you want to get out of it. Depending on your circumstances, you may prefer getting your job back, making changes to company policy, or simply being compensated for your time and frustration.

At Eisenberg & Baum, LLP, our experienced workplace harassment attorneys can help you answer the question, “How do I want to resolve my claim?” We will meet with you to review your case, and your options, and decide when, where, and how to file your claim. Contact us today to schedule a free initial consultation and get your case started.