Workplace sexual harassment remains an issue across virtually all industries and niches. Common examples of sexual harassment in the workplace include (but aren’t necessarily limited to) the following:
- Unwanted touching
- Sexual comments
- Quid pro quo arrangements (such as offering a promotion in exchange for sexual favors)
- Sharing pornographic material or other lewd content
- Asking questions and/or spreading rumors about one’s sexual preferences, sexual history, etc.
Victims of workplace sexual harassment should gather evidence of said misconduct. Types of evidence they may gather in these circumstances include witness testimony, emails, chat logs, texts, and more. When a victim has sufficient evidence, they may file a claim seeking compensation.
Understanding Sexual Harassment Claims
How do you prove sexual harassment in the workplace? The specifics can vary from one case to another and even one state to another.
Generally, though, proving workplace sexual harassment involves showing evidence that a superior or coworker engaged in behavior that federal or state workplace sexual harassment laws prohibit. Victims of workplace sexual harassment should also be able to show that their employers failed to take proper action to address these issues when victims reported them.
Types of Evidence in a Sexual Harassment Claim
Evidence in a workplace sexual harassment claim can take many forms. They include:
- Written logs of incidents of harassment
- Photographs
- Video
- Documentation of communication, such as emails
- Witness testimony
Eyewitness testimony is of particular importance. Although it may be possible to prove workplace sexual harassment without witnesses, their testimony can play a critical role in a case.
Relevant Guidelines and Legal Requirements
The U.S. Equal Employment Opportunity Commission offers guidelines regarding what constitutes workplace sexual harassment. Victims of sexual harassment in the workplace should familiarize themselves with said guidelines to help them better understand if they have legal justification to file claims.
Per the EEOC’s guidelines, a victim may need to do more than simply claim harassment has occurred. They might have to show evidence indicating harassment has negatively affected their job performance.
Steps to Gather Evidence
Steps to gather evidence of workplace sexual harassment include:
- Documenting all instances of harassment
- Promptly reporting one’s experiences to HR
- Saving any physical evidence of harassment
- Getting statements from witnesses
It’s also wise for victims to seek assistance from professionals. An employment law attorney could help a victim gather evidence and build a strong case.
Professional Resources and Support
Along with reporting harassment to HR and seeking assistance from a workplace sexual harassment lawyer, a victim can turn to such resources as the National Sexual Assault Hotline. Individual states and communities might also offer similar resources.
Conclusion
The burden of proof is on a victim when they file a workplace sexual harassment claim. Because gathering evidence is such an important step in the process of pursuing justice, if you’re planning on filing a claim, it’s a good idea to contact a workplace sexual harassment attorney.
A lawyer can assist you in gathering the evidence you need. Their support will prove exceptionally valuable during a difficult time.
Be aware that taking legal action against an employer for workplace sexual harassment isn’t just for your own benefit. It also protects others from being victims of workplace sexual harassment in the future. Fill out the Free Case Evaluation to get connected with an independent employment law attorney who subscribes to the website and may be able to help with your case.
