If you have filed a request for an administrative hearing, or a lawuit, for sexual harassment in the workplace, you will need to prove your accusations through evidence. In other words, you must demonstrate evidence that shows your employer subjected you to unwelcome sexual conduct.
As a federal employee lawyer might explain to you, discovery is a very important part of the litigation process. Discovery is a part of litigation that involves you and your employer exchanging information and documents. Documents are not limited to paper documents, but include practically any type of recorded or written information. Examples of documents may include:
- Audio recordings
- Text messages
- Social media messages
During the discovery phase, you or your federal employee lawyer will need to present your employer documents that relate to your case. The exception to this is any communications you have had with your lawyer.
Mistakes You Should Avoid in Your Sexual Harassment Case
How evidence is handled in a sexual harassment case could affect the outcome of what happens. Everyone’s case is different; however, all of them should avoid mistakes such as the following:
- Don’t Discuss Your Case on Social Media – Many people don’t think very much about what they should and should not post on social media. For many, these sites are a venting source for thoughts, emotions, and feelings. Photos are a way to show friends and followers what is going on in your life. While most posts might seem harmless, it is possible for some to come back and haunt you during your sexual harassment case. Let’s say you have filed a case because your supervisor sexually harassed you during a business trip. However, on Instagram, you posted about both of you having fun, laughing, and spending time together during this trip. In this case, it may be possible for the defense to argue that your allegations are false. In another example, let us say you are seeking emotional anguish damages because you are suffering from PTSD and depression. You claim that you cannot be around certain people; yet, your Facebook displays pictures of you with these very people at the time you filed the claim. Something like this could damage your case.
- Don’t Destroy Evidence – It is prudent that you do not delete or destroy any existing documents. This includes emails, voicemails, text messages, social media posts, or anything else related to the case. Even if you feel inclined to delete something because it makes you very uncomfortable, you should not do so. It is equally important that you don’t delete anything that you believe could hurt your case. It is possible that another party has a copy, and if you destroy it, you could look guilty. A judge might even punish you for destroying evidence.
Do You Need a Federal Employee Lawyer for a Sexual Harassment Case?
You can file a sexual harassment case on your own; however, it may be a better idea to talk with a federal employee lawyer first. A lawyer can review the strengths and weaknesses of your case, and let you know how to proceed. For a consultation with a federal employee lawyer, call a lawyer, like a discrimination litigation lawyer in Washington, DC from Eric Siegel Law, today.