What Evidence Do You Need to Prove Workplace Harassment in Tennessee?
Being the target of harassment at work puts you in an uncomfortable position. You need your job, but you also deserve to work in an environment free from employee harassment. Both federal and Tennessee law address workplace harassment, but in somewhat different ways.
Tenn. Code Ann. § 50-1-502 defines harassment as two or more instances of contact directed at an employee that serve no legitimate purpose and that a reasonable person would consider alarming, threatening, intimidating, abusive, or emotionally distressing. Under state law, the actions also must have, or reasonably could, interfere with the employee’s duties.
By contrast, the federal Equal Employment Opportunity Commission (EEOC) defines harassment as unwelcome conduct based on protected characteristics like race, color, religion, sex, disability, age, national origin, or genetic information. Depending on the circumstances, the behavior must be severe or pervasive enough to create a hostile work environment.
Because the legal requirements to prove your case will vary based on the facts and type of legal claim you wish to file, a careful review of workplace harassment evidence is necessary when evaluating your legal options.
How Documentation Supports a Workplace Harassment Claim
Documenting workplace harassment can provide the evidence you need to establish your claim against your employer. By keeping records of harassment incidents as they occur, you can create a robust record of a culture of harassment in your workplace.
Documentation should include as much detail as possible, such as:
- The date, time, and location of incidents
- The people involved or who witnessed the incident
- Quotes or paraphrases of what people said
Furthermore, your records should also document whether you reported the harassing behavior to a supervisor, manager, or human resources employee, when you filed your complaint, and what action (if any) your employer took in response.
What Evidence Can Help Prove Workplace Harassment?
Proving your workplace harassment case may require evidence showing the frequency of the harassment, who was involved, whether you reported it, your employer’s response, and its effect on you. Potential evidence might include:
- Witness statements and testimony from managers, supervisors, and co-workers regarding incidents of alleged harassment
- Internal company communication regarding suspected or complaint-based workplace harassment
- Formal complaint records and documentation of HR investigations
- Employee disciplinary records
- Employee handbooks and formal company anti-harassment workplace policies
- Diaries or journals you wrote describing the harassment
A Tennessee workplace harassment lawyer can help you gather and organize relevant evidence to present a persuasive claim.
Common Mistakes When Collecting Harassment Evidence
Some mistakes to avoid when gathering evidence of workplace harassment include:
- Failing to report workplace harassment to the employer. Not doing so means the employer had no opportunity to address or remedy the situation, but it does not necessarily prevent you from having a claim.
- Not keeping contemporaneous records of incidents of harassment. Failing to take detailed notes (e.g., who, what, where, when) can make it harder to prove your case.
- Overlooking evidence of harassment incidents from past years. Such evidence can become relevant to reveal an ongoing pattern of harassment at work.
- Not seeking corroborating testimony from co-workers. Witness statements can corroborate your account of what happened.
- Failing to save written or electronic communications. Keep everything, even if you don’t think it’s important. Your harassment attorney can evaluate what best supports your claim.
Speak With a Nashville Workplace Harassment Lawyer
If you are the victim of harassment in the workplace, you may have the right to seek financial compensation and other relief, but strong evidence is important to pursue a claim. Contact the Employment and Commerce Law Group today for a free, confidential consultation to learn what evidence you need to sue for workplace harassment.
With nearly 40 years of combined experience, our employment attorneys have helped clients successfully stand up to Fortune 500 companies, insurance companies, restaurants, and government agencies. Call or reach out to us today to learn what we can do for you. There’s no cost and no obligation.
