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How do I prove sexual harassment when there are no witnesses?

Cherryville, NC |
Filed under: Sexual harassment

My supervisor has made sexual remarks as well as touched me. I went to human resources and the plant manager, who both basically stated that it was my word against his because there were no witnesses.

Attorney Answers 3

Posted

Document your complaint. If they fail to at least investigate your claim places them in a position of liability. From a plaintiff's perspective, you must place the employer on notice.

Herbert Tan, Esq.
E-mail: Herbert@tanlaws.com
Website: www.tanlaws.com

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Kevin Rindler Madison

Kevin Rindler Madison

Posted

You should set up an appointment with an attorney who handles EEOC sexual discrimination cases in your state. In most states these attorneys accept cases like this on a percentage fee basis and most attorneys do not charge for the initial consultation.

Posted

I agree with Attorney Tan. The employer has a legal duty to stop the sexual harassment, and to prevent retaliation, once you put them on notice. There really is no way to "prove" it to them if they are unwilling to address it. If it does not stop, or there is retaliation, then you should consult with an experienced employment attorney. Keep in mind that proving sexual harassment to your employer is much different than legally proving sexual harassment.

Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr. Angel, who has focused on employment law for more than 15 years, represents clients throughout North Carolina and more information about him is available at www.theangellawfirm.com This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area.

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Kevin Rindler Madison

Kevin Rindler Madison

Posted

You should set up an appointment with an attorney who handles EEOC sexual discrimination cases in your state. In most states these attorneys accept cases like this on a percentage fee basis and most attorneys do not charge for the initial consultation.

Posted

I agree with the prior answers. By documenting your complaint, you should give the complaint to HR in writing. This can also be via email. You should read your company's policies on harassment and follow the policy's instructions on reporting harassment. Every time your supervisor touches or says anything to you that is inappropriate, notify HR or your supervisor's boss in writing. Keep a copy of the complaint for your own proof.

If your boss begins to treat you differently because you rebuff his advances or because you filed a complaint, keep a record of that as well and notify HR. The best thing you can do at this point is document what happens.

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3 lawyers agree

1 comment

Kevin Rindler Madison

Kevin Rindler Madison

Posted

You should set up an appointment with an attorney who handles EEOC sexual discrimination cases in your state. In most states these attorneys accept cases like this on a percentage fee basis and most attorneys do not charge for the initial consultation.

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