When people think about workplace harassment, they often believe the issue must occur several times, or happen regularly to constitute a problem. Even a single incident can constitute harassment. For example, if an employee was assaulted in the parking lot by an employer or co-worker, that single incident could rise to the level of sexual harassment. Sexually harassing someone in writing or in email, one time can also constitute sexual harassment.
As an employee, it is important to understand your rights. Our Paramus employment law attorney explains further below.
How to Determine if a Single Incident Constitutes Harassment
To prove their case, employees must establish that the incident was pervasive or severe enough to constitute harassment. Regardless of whether harassment is age discrimination, sexual harassment, workplace bullying, or racial discrimination, just one incident might be enough to file a lawsuit if it is severe.
It is difficult to imagine that any person would tolerate more than a single incident of any form of harassment that was substantial enough to physically or mentally harm them. When another person acts in a particularly egregious manner, it is possible to hold them accountable against the perpetrator or the employer if the employer does not take action themselves.
To rise to the level of harassment, the behavior must involve one of the following:
- Discrimination against a protected class of people
- Offensive conduct
- Unwelcome behavior
- A level of pervasiveness or severity that negatively affects a person’s ability to work
Proving Harassment After a Single Incident
Proving harassment in the workplace is always difficult, but it is even more so when only a single incident occurs. This is largely due to the fact that it can be more difficult to collect evidence, and it happens in an instant and without warning. Harassers also typically deny that they ever behaved in an illegal or inappropriate manner. For example, an employer may argue that they were joking and immediately apologize when the employee took offense.
To prove harassment after a single incident, you will need solid evidence. This can come in the form of emails, text messages, or voicemails that are harassing in nature. If there were eyewitnesses to the harassment, their testimony could also help prove wrongdoing occurred. If there is physical evidence of the harassment, such as pornographic images, taking photos of it can also serve as strong evidence to prove your case.
Call Our Employment Law Attorney in Paramus for Legal Help
While many people do not believe that a single incident is enough to constitute harassment, that is not true. At the Law Offices of Usmaan Sleemi, our Paramus employment law attorney can prove that a single incident was severe enough to rise to the level of harassment. We will also help you collect the necessary evidence to prove your case so you obtain the full and fair damages that are rightfully yours. Contact us today to request a consultation and to get the sound legal advice you need.
