What kind of evidence is required to prove sexual harassment?
Several types of evidence may help you prove a workplace sexual harassment claim. It is important to keep written accounts of any incidents of sexual harassment you experience, such as inappropriate sexual comments or sexual advances. Note the location, date, time, and details of what took place.
It would be best if you held on to emails, text messages, voicemails, recordings, and other documents. Written communications can provide a trail of evidence, even if they do not contain explicit sexual content. For example, a boss’s repeated text message invitations to have drinks may provide evidence relevant to a sexual harassment case.
You may also be able to present witness accounts of coworkers who saw the harassment take place, or the testimony of other people who experienced similar misconduct. If you visited a doctor or psychiatrist in connection to the sexual harassment, copies of medical records can serve as evidence of the harm you suffered.
If you have experienced sexual harassment in the workplace, you should report it to human resources. Keep copies of all communications regarding the complaint, including any responses by your employer. Companies are legally required to investigate sexual harassment complaints and take steps to address the misconduct.
Additionally, evidence such as negative performance reviews or pay stubs showing reduced wages may prove that your employer retaliated against you for complaining about sexual harassment. California law bars employers from retaliating against workers for reporting sexual harassment.
Although sexual harassment is unlawful, it is not always easy to prove. Employers are unlikely to admit wrongdoing, and the harassment can often occur in subtle ways.
A skilled employment lawyer can help you identify and gather the relevant evidence you need to confirm your sexual harassment case. Contact McCormack Law Firm to learn more about pursuing a workplace sexual harassment claim.
Other Sexual Harassment FAQs:
- Does online harassment count as sexual harassment?
- I experienced sexual harassment outside of the workplace. Can I still file a claim?
- What are the time limits for filing a workplace sexual harassment claim?
- What is sexual harassment in California?
- What kind of evidence is required to prove sexual harassment?
- What should I do if I am experiencing sexual harassment at work?
- What types of damages can I get in a sexual harassment lawsuit?
- Why do I need a lawyer for my sexual harassment claim?