What Evidence Do I Need To Prove Hostile Work Environment?
By Corey Hanrahan
What evidence do I need to prove hostile work environment? Hostile work environment cases can generally be best described using the example of sexual harassment. So using that example, when it comes to hostile environment sexual harassment, you must prove that there has been sexual conduct that had the purpose or effect of unreasonably interfering with your work performance, or created an intimidating, hostile or offensive working environment.
“…That the harassment was so severe or pervasive as to alter the conditions of your employment and create an abusive working environment…“
The gravamen of any sexual harassment claim, including hostile work environment sexual harassment, is that the sexual advances were unwelcome. To prove a claim for hostile work environment sexual harassment, you have to prove the following:
- That you were subject to unwelcome sexual advances, conduct or comments;
- That the harassment was based on sex; and
- That the harassment was so severe or pervasive as to alter the conditions of your employment and create an abusive working environment.
With hostile work environment sexual harassment, there is no requirement that you suffer a loss of tangible job benefits or actual injury to state a claim. However, in the absence of a tangible job benefit loss, there is generally a higher showing required that the sexually harassing conduct was pervasive and destructive of the working environment.
Employers have legal teams on their side to protect them, not you. You need to level the playing field by making sure you have an experienced sexual harassment attorney on your side. If you have been subjected to sexual harassment, contact The Hanrahan Firm today for a free consultation.
