Man yelling at people working

If you find yourself in a hostile work environment in Kentucky, understanding the type of evidence required to prove your case is crucial. A hostile work environment occurs when an employee is subjected to discriminatory behavior, harassment, or unwelcome conduct that is severe or pervasive enough to create an intimidating, hostile, or offensive work atmosphere.

The employment lawyers at Abney Law are prepared to investigate and handle your hostile work environment case. We stand up for Kentucky employees when they need it most. Speak to us to determine how we can help.

The Evidence You Need

It is helpful to know what evidence you and your attorney can use as part of your hostile work environment case. This allows you to collect important information that can be used as evidence in your case.

1. Documented Incidents of Harassment

The most important type of evidence you need is documentation of the incidents that contributed to the hostile work environment. This can include:

  • Electronic Messages: Save any electronic communication that contains harassing or discriminatory language.
  • Photographs or Videos: Visual evidence can be powerful, so keep records of any inappropriate behavior caught on camera.
  • Witness Statements: If coworkers witnessed the harassment, their statements can provide valuable support to your claims.

2. Personal Records and Journals

Maintaining a detailed journal of incidents can be incredibly useful. Record the date, time, location, and a description of each incident, including the individuals involved and any witnesses present.

3. Official Complaints and Reports

Filing official complaints with your employer is a crucial step. Documentation showing that you reported the harassment to your supervisor, HR department, or any other relevant authority demonstrates that you sought to resolve the issue internally. Keep copies of everything you submit.

4. Company Policies and Training Materials

Understanding your company’s policies on harassment and discrimination can bolster your case. Collect copies of employee handbooks, training materials, and any other documentation that outlines the employer’s stance on hostile work environments and the steps employees should take to report issues.

5. Performance Reviews and Work Records

If the harassment affected your job performance, gather performance reviews, work records, and any other documentation that shows a decline in your work quality or an increase in stress-related issues.

6. Medical and Psychological Records

If the hostile work environment has taken a toll on your mental or physical health, medical and psychological records can be crucial evidence. Documentation from doctors, therapists, or counselors can provide insight into the severity of the harassment.

7. Testimony from Experts

Expert testimony can play a key role in proving a hostile work environment. Experts can provide opinions on the impact of the harassment on your mental health, the work environment’s overall toxicity, and the employer’s response to your complaints.

8. Comparison with Other Employees

Evidence showing that you were treated differently from other employees can support your claim. Collect documentation that compares your treatment to that of your colleagues, highlighting any disparities in assignments, evaluations, promotions, or disciplinary actions.

Steps to Take if You Experience a Hostile Work Environment

If you believe you are in a hostile work environment in Kentucky, follow these steps:

1. Document Everything: Keep detailed records of all incidents.

2. Report the Behavior: File a formal complaint with your employer.

3. Seek Support: Reach out to colleagues, friends, or professional organizations for support.

4. Consult an Attorney: Speak with an employment attorney to understand your rights and options.

5. Consider External Complaints: If the internal complaint process does not resolve the issue, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Kentucky Commission on Human Rights.

Consult an Experienced Kentucky Hostile Work Environment Lawyer

You should not have to continue suffering in your hostile work environment. Let the dedicated employment law attorneys at Abney Law review your case. Contact us today for a consultation.