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How Can I Prove Sexual Harassment in Wyoming?

— August 29, 2022

Once your lawyers have all the elements they need, they will help you file a complaint with the EEOC and they will represent you during the investigation.

Cheyenne, WY – Sexual harassment is illegal in Wyoming, but in order to have a case, you need to prove that the treatment you were subjected to goes beyond innocent office fun and represents a form of discrimination. Most sexual harassment cases in the US go unreported and one of the main reasons is that victims are afraid no one will believe them and they’ll be seen as troublemakers. If you’re wondering whether you have a legal case, the best thing would be to ask a professional. Look up the best sexual harassment lawyers in Wyoming and have them review your case.

What constitutes sexual harassment in Wyoming?

According to the Equal Employment Opportunity Commission (EEOC), the federal entity that deals with all types of workplace discrimination complaints, not everything that one person might find offensive is illegal. 

Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people”. 

Examples of offensive behavior include sexually-charged jokes, the use of derogatory terms, unwelcome physical touching, inappropriate questions or comments, or the display of offensive objects or pictures around the office. In the digital age, the definition has been expanded to include inappropriate messages containing sex jokes, pornographic videos or pictures of private parts.

Person at computer with Pornhub Website on screen
Person at computer with Pornhub Website on screen; image courtesy of Franco Alva via Unsplash,

Another important element is that you make it very clear that you find such behavior offensive. Playing along or trying to ignore your harasser can backfire when there’s an investigation into your complaint. If you don’t tell your harassers to stop, they may be able to claim they always thought you welcomed their advances and enjoyed the attention. 

How to prove a sexual harassment complaint?

In order to file a complaint, your sexual harassment lawyers will help you:

Establish a timeline 

It is recommended that you keep a detailed journal of the offensive incidents, writing down the names of those present, the things that were said or what was done to you. In order to meet the requirements of a legal case, the harassment needs to be of a pervasive nature and strong enough as to interfere with your work performance. If you want to file a complaint with the EEOC, in Wyoming the statute of limitations is 300 days from the date of the last incident. 

Gather evidence

Your journal will be the first piece of evidence and your lawyers will use it to demonstrate there was a pattern of abusive behavior. You can also use photos of offensive displays, as well as any email or inappropriate message sent to you. Make sure to save everything in a safe place, not on your work computer. 

Find witnesses

After reviewing your story, your lawyers will try to speak to any coworkers that might be willing to support your complaint. This may not be easy as they might fear for their job, but the good news is that retaliation is illegal in Wyoming. Should your employer retaliate against any coworker supporting your claim, they will have to answer for it.

Once your lawyers have all the elements they need, they will help you file a complaint with the EEOC and they will represent you during the investigation. If your employer agrees to participate in the negotiation process, your lawyers will tell you what kind of damages you can claim. If a settlement is not possible, your attorneys will file a sexual harassment lawsuit. 

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