Evidence to Prove Sexual Harassment at Work in Georgia

In Georgia, sexual harassment is a type of discrimination involving sexual conduct that is unwelcome. Title VII of the Civil Rights Act of 1964 provides that there are two main categories of sexual harassment, quid pro quo and hostile work environment.

Quid pro quo is a Latin phrase, meaning “something for something.” Quid pro quo sexual harassment arises when an individual in a higher ranking position than another employee, such as a supervisor or executive-level employee, requests sexual favors from a worker in a lower position in exchange for a benefit, for example, a raise or promotion.

A hostile work environment sexual harassment claim arises when a worker feels scared, uncomfortable, or intimidated because of unwelcome conduct. Hostile work environment harassment happens when a worker makes unwelcome sexual advances or other types of sexual conduct towards a coworker that create an offensive or uncomfortable atmosphere.

With hostile work environment issues, the two workers do not have to be at different levels in the workplace for this category of harassment to happen. It is important to note that not all annoyances or isolated incidents will rise to the level of harassment.

However, when a worker is in a situation where they were subjected to unwelcome offensive conduct that has prevented them from being able to do their work, it may be possible to sue an employer for a hostile work environment that is based on harassment.

Whether the harassment is quid pro quo or a hostile work environment situation, sexual harassment evidence must be provided to support a claim. Without any sexual harassment evidence, an individual cannot have a successful claim because there will be no proof that the incident occurred.

Common examples of the evidence that may be used to show sexual harassment occurred include:

• Any sexually explicit communications or correspondence, which may include text messages, voicemails, videos, photographs, letters, emails
• A copy of the complaint filed against a coworker or employer, which includes the responses or indications of the steps that were taken, if any were
• Personnel files of the harassing worker
• Any responses between the harassing worker and human resources or a manager at the company
• Testimony of any eyewitnesses or other victims
• Proof that a worker was fired or demoted after they turned down sexual advances from their supervisor
• If the individual cooperated with their harasser, proof of the benefit they received
• Any personal written accounts, such as journals, of the harassment incidents
• Documents from the company, for example, employment contracts or handbooks that contain the company’s policies against sexual harassment

A Georgia lawyer can help an individual determine what evidence they can use in their claim, the best way to obtain that evidence, and represent their interests in court.

What Are the Elements of a Sexual Harassment Claim?

The elements that an individual will have to prove to have a successful sexual harassment claim in Georgia will depend on the type of claim as well as the laws of the state. Generally, however, the following elements have to be shown:

• The worker is in a class of protected individuals, for example, based on their gender or race
• The worker faced unwelcome harassment, advances, requests, or other sexually-based conduct
• The worker can show that an incident occurred, a supervisor or colleague engaged in the conduct, and the worker suffered damages as a result of the harassment
• The sexually-based conduct was so pervasive or severe that it would be considered offensive to a reasonable person
  • Depending on the category of sexual harassment, the conduct has to either be so pervasive that the frequency would constitute sexual harassment or so severe that one single incident would constitute sexual harassment
• Depending on the category of sexual harassment, the worker either received job benefits for engaging in the sexual conduct or lost benefits for refusing

Georgia workers should consult with a Georgia attorney to determine what elements they have to show in their jurisdiction. Georgia employers should also obtain legal advice for information about available defenses and legal advice on how to handle sexual harassment issues in the workplace.

How Can I Prove a Sexual Harassment Claim Against a Supervisor?

As previously discussed, there are two categories of sexual harassment claims in Georgia. Even though a sexual harassment claim can be filed against a supervisor for either form of sexual harassment, these claims are typically based on requests for sexual favors from a worker in a lower-ranking position.

When a worker did not comply with the request from their supervisor, they can file a harassment claim when:

• They were demoted or terminated from their position because they did not engage in the requested sexual conduct
• The worker received less favorable job assignments, work schedules, or overall job duties

Sexual harassment may happen when a worker complies with the request, such as if the worker:

• Received a raise, promotion, or both because they agreed to perform the sexual favor
• Received a more favorable work assignment or more favorable job duties
• Was able to transfer between locations or departments with few or no obstacles
• Received more favorable treatment than other workers in the same position, for example, leeway for being late or additional vacation days

Other workers who were not actually asked to do a sexual favor may also be able to sue a supervisor for quid pro quo sexual harassment. This can be done when the worker who complied with the request received favorable treatment, for example, advancement in the company over other, better qualified workers.

The workers who did not advance may be able to file a discrimination claim. For any questions or concerns related to sexual harassment in Georgia, it is essential to schedule a legal consultation.

How Can I Prove a Sexual Harassment Claim Against a Co-Worker or Other Individual in Georgia?

A sexual harassment claim against a co-worker or other individual in a Georgia workplace may constitute hostile work environment sexual harassment. Generally, a worker will have to show that:

• They were a member of a protected class, such as by gender or race
• They were subjected to unwanted verbal or physical sexual conduct because of their membership in that class
• The unwanted verbal or sexual conduct affected the worker’s position, unreasonably interfered with their job performance, or created a hostile or offensive work environment

The court will consider the frequency of the conduct, the severity of the conduct, as well as the context or timing of the conduct. Common examples of sexual conduct that may support a claim for hostile work environment sexual harassment include:

• Having sexual content on display in the workplace, such as nude photos on a desk, sexually graphic images on a computer screensaver, or others
• Intentional exposure of one worker to another
• Sexual remarks regarding a worker’s appearance or dress
• Asking sexually intrusive questions
• Sexual gestures
• Lewd jokes
• Sexual comments
• Sending, showing, or requesting sexual communications, such as photos

How Can I File a Work Sexual Harassment Claim in Georgia?

In order to file harassment charges in Georgia, a worker must first make an internal report, if a process is available, as well as file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the issue and either propose a resolution, file a claim, or issue a Right to Sue Letter.

If the process does not result in an acceptable resolution or a worker receives a Right to Sue Letter, their lawyer can file a civil claim on their behalf. It is very important to have legal assistance with these claims, as there are specific deadlines that must be met, or the claim can be dismissed.

Do I Need To Hire a Lawyer if I Have a Workplace Sexual Harassment Claim in Georgia?

It may seem overwhelming or even impossible to handle sexual harassment issues alone at your workplace. You do not have to handle any sexual harassment issues alone.

LegalMatch can help you find a Georgia sexual harassment lawyer near you in as little as 15 minutes. Your lawyer will support you throughout the internal and EEOC claims process, and into the courtroom, if needed.

There is no charge to use the services provided by LegalMatch, so get started today finding the support you need.