Documentation Requirements for Different Legal Theories & Timeline and Deadlines by Legal Theory

Evidence for Illegal Harassment Claims

Protected Class Connection Evidence: - Direct evidence: Explicit references to protected characteristics in harassment - Circumstantial evidence: Patterns suggesting protected class targeting - Comparative evidence: Different treatment of protected vs. non-protected employees - Statistical evidence: Patterns affecting multiple protected class members - Expert testimony: Professional analysis of discriminatory patterns Severe or Pervasive Evidence: - Single severe incident: Evidence that one incident created hostile environment - Cumulative pattern: Multiple incidents creating hostile environment over time - Objective hostility: Evidence reasonable person would find environment hostile - Subjective impact: Personal testimony and evidence of actual hostility perception - Work interference: Evidence harassment affected job performance and conditions

Evidence for Workplace Bullying Claims

Policy Violation Evidence: - Company policy language: Specific policies prohibiting bullying, incivility, or disrespectful behavior - Policy application: Evidence of inconsistent or inadequate policy enforcement - Complaint procedures: Documentation of following company complaint processes - Management response: Evidence of inadequate response to bullying complaints - Pattern evidence: Systematic bullying affecting multiple employees Health and Damage Evidence: - Medical documentation: Healthcare records linking workplace stress to health problems - Performance impact: Evidence of work quality and productivity decline - Career damage: Lost opportunities, reputation harm, advancement interference - Economic losses: Medical expenses, lost wages, career transition costs - Expert testimony: Medical or psychological expert opinions on bullying impact

Illegal Harassment Deadlines

EEOC Filing Requirements: - 180/300 day deadline: From last incident of harassment - Continuing violation: Ongoing harassment may extend filing period - Administrative exhaustion: Generally required before federal court litigation - Right to sue letter: Required for federal court access, 90-day litigation deadline State Law Variations: - Extended deadlines: Many states provide longer filing periods than federal law - Direct court access: Some states allow direct court filing without administrative process - Different limitation periods: State tort claims may have different deadlines - Administrative coordination: Dual filing with state and federal agencies

Workplace Bullying Deadlines

Tort Claim Limitations: - Intentional infliction of emotional distress: Typically 1-3 years from incident or discovery - Defamation claims: Usually 1-2 years from publication of false statements - Contract breach: Varies by state and contract terms, typically 3-6 years - Workers' compensation: Usually must report within 30-90 days of incident or discovery Internal Process Deadlines: - Company policy requirements: Review employee handbook for complaint deadlines - HR investigation timelines: Request reasonable deadlines for complaint resolution - Union grievance procedures: Follow collective bargaining agreement deadlines - Appeal processes: Understand deadlines for appealing adverse internal decisions