Sometimes, workplace sexual harassment inspires a hostile work environment. Other workers treat one person or a particular group of individuals harshly, making the work environment abusive. The other main type of sexual harassment is quid pro quo harassment.
One party uses their authority in the workplace as leverage when soliciting romantic or sexual favors. They may offer workplace benefits for acquiescing to inappropriate demands or may threaten workplace consequences. Quid pro quo harassment can be particularly difficult to prove, as it usually occurs behind closed doors between two people.
Quid pro sexual harassment can damage someone’s mental health and their career prospects. However, if a worker can prove the harassment, they could potentially hold the other party accountable. How can employees in West Virginia prove that they have experienced quid pro quo sexual harassment?
With audio or visual recordings
Most people walk around with a powerful recording device in their hands most of the time. A mobile phone can potentially provide clear evidence of workplace misconduct. Recording laws are different in every state.
Thankfully, in West Virginia, statutes create a one-party consent standard. If one person involved in a conversation or interaction gives their consent to recording, it is lawful to capture video or audio recordings. Any worker could potentially use their phone to gather evidence of the inappropriate conduct they experience on the job.
With written records
Even when workers can use their phones together evidence, doing so may not be practical. Some companies don’t allow workers to carry their own phones while on the clock. Carrying the phone might also prompt a change in behavior, making it difficult to capture evidence.
Sometimes, workers have to document the harassment by establishing written records of what they experience on the job. Written journals outlining when and where each incident occurs, as well as key details about each encounter, can help establish a pattern of behavior. Those details help investigators corroborate someone’s claims later and show that what they experienced was not just one misconstrued conversation but rather multiple inappropriate interactions.
With witness testimony
Workers often discuss what they experience with coworkers. Particularly when there are other people nearby when quid pro quo harassment occurs, the affected worker might be able to request the support and testimony of those witnesses. They can validate that certain meetings or conversations occurred and share what they heard from the party experiencing harassment afterward.
Different cases involving sexual harassment require different solutions depending on the conduct of the other party in the work environment. Having assistance while developing a sexual harassment case can improve a worker’s chances of holding their employer and the party harassing them accountable.