Are Harassment Cases Hard To Prove?
By Corey Hanrahan
Are harassment cases hard to prove? Yes, they can be. It is important to remember that harassment is a serious issue and should not be taken lightly. However, there are many variables that can make it difficult to prove harassment in Court.
“…Are harassment cases hard to prove? Yes, they can be…“
Laws surrounding harassment are not black and white – they live in the gray area. For example, some actions may seem to qualify as harassment, but may not be enough to qualify as harassment under the law. To qualify as legally actionable harassment, the harassment must be sufficiently severe or pervasive. This means that a judge or jury could find that the harassment was sufficient to alter the conditions of the victim’s employment and create an abusive working environment.
An employer’s liability for sexual harassment, and a factor that can affect whether the harassment was sufficiently severe or pervasive is whether the harasser was a coworker or a supervisor. Another factor in analyzing whether harassment is sufficiently severe or pervasive is the actual severity of the conduct. For example, many cases hold that a single inappropriate sexual comment by a coworker is likely not severe or pervasive. However, if the harasser is a supervisor, a single inappropriate sexual comment could be sufficient. This is why it is important to have a knowledgeable, experienced harassment attorney in San Diego analyze your claims.
If you have been subjected to any form of harassment at work, including sexual harassment, contact The Hanrahan Firm for a free consultation.
