If You Believe You're a Victim of Sexual Harassment, These Documents Will Help Your Attorney Prove Your Case
Retaining an experienced attorney if you suspect that you are the victim of workplace sexual harassment is a smart move. Proving that your employer is illegally discriminating against you is never easy, because their actions against you can be subtle. In addition, your employer will most likely have some type of legitimate-sounding reason for these actions.
An attorney experienced in handling these types of cases can give you advice on whether you have a claim and, if so, help you build your case and file an administrative complaint against your employer. However, you'll need to provide him with some evidence—including various documents—that help the legal team evaluate your situation.
Documents to Provide Your Sexual Harassment Attorney
During your initial meetings with your attorney, he'll take the time to find out as much as he can about your possible sexual harassment claim. This includes asking questions to obtain the information he needs, and also reviewing potentially helpful documents.
Evidence to provide include:
- Personnel file. A review of your employment history gives your attorney a better sense of your record as an employee. This can include evaluations of your work, disciplinary warnings, and other information in your personnel file.
- Employee handbook or policies. If your employer has an employee handbook or policies posted in common areas, these could provide information on your employer’s anti-discrimination policies that your attorney will want to see. These policies may allow your attorney to prove whether or not your employer is in compliance regarding discrimination.
- Diary. You may have kept a diary or journal documenting the incidents that you believe prove that you were sexually harassed, any complaints to your employer, and the response. If you have something like this, it'll provide your attorney with more details to help your case.
- Your wage records. Your attorney may use this financial information to prove how much you're owed if you took time off work due to the discrimination; or to show any potential earnings sacrifice or loss of promotion that you suffered as a result of sexual harassment.
- Physical evidence. If you have any physical evidence of the discrimination—such as a vulgar pictures or sexually-suggestive notes—make sure to give them to your attorney. These are powerful pieces of evidence that may help prove your case.
- Medical and mental health records. Provide your attorney with any medical and mental health records to help detail how sexual harassment caused you to suffer physical, mental, or emotional distress. This information can be helpful to prove that you were injured by the discrimination and the amount of compensation you are entitled to receive.
- Witness information. Your attorney will want the contact information for any witnesses who saw the incidents of sexual harassment, or who may have other potentially helpful information regarding your claim.
What happens if you don't have some of these documents, but your employer does? Don’t worry. An experienced sexual harassment attorney can request these documents for you. If you suspect you're a victim of sexual harassment, fill out our online form to schedule a free consultation with Alan Morton to learn how he can help you recover.