What is My Burden of Proof for My Sexual Harassment Case in South Carolina?
Greenville, SC– Are you being harassed or discriminated against in your South Carolina workplace? Do you face inappropriate comments or jokes? Does a coworker touch you inappropriately? Have you reported the abusive behavior to your employer and they did nothing? If you answered yes to any of those questions, you might have grounds to file a civil suit but to have a successful case, you have a significant burden of proof. That is what our team of sexual harassment lawyers in Greenville, South Carolina would like to discuss how you can prove your sexual harassment claim.
To have a successful sexual harassment claim, you have three things you need to prove. First, you need to show that you belong to a protected class. Secondly, you must show that harassment or discrimination was unwanted and unsolicited. And, lastly, you must be able to show that the harassment or discrimination is repeated and pervasive.
Let’s look at what a protected class is exactly. Cornell University describes a protected class as a class of Americans defined by their race, gender, age, religious affiliation and sexual orientation. Practically all workers fall into one or more of the categories outlined previously, but you must be able to show that your abuse resulted from your race or gender. Showing you belong to a protected class will be the easiest aspect of your claim.
Once you’ve shown you belong to a protected class, you must next show that the discrimination or harassment was unwanted. You must be able to show the behavior you faced was offensive and caused you stress. If you in any way encouraged the off-collar joke or the unwanted touch, then you will have a hard time showing the harassment was unsolicited or uninvited. If you are facing abuse in your South Carolina workplace, you must let the offender know their behavior is unwanted and tell them to stop.
Another burden of proof you have is to show that the harassment or discrimination is repeated or pervasive. One joke, sexual comment or one request for a date does not meet a repeated or pervasive standard. But, if the abusive behavior occurs daily and continues despite the target’s efforts to put an end to it. You must be able to show the harassment occurred over an extended period and caused emotional and financial harm to the victim.
If you have directly confronted your abusive coworker and filed a complaint with your employer but the behavior persists, USAttorneys recommends you contact a sexual harassment lawyer in South Carolina. One of our experienced employment law attorneys will examine the details of your case and determine how to resolve your claim.
Contact a sexual harassment lawyer today to discuss your case and how you can put an end to the abusive behavior you face at work. You don’t have to put up with abuse in your workplace.
