Direct evidence can be used to demonstrate a case. Sexual harassment, however, involves coercion. The majority of sexual harassment incidents don’t happen in public. Because they are aware that what they are doing is unlawful, harassers conceal their actions to avoid being seen.
Circumstantial evidence must be given the same weight by a jury as direct evidence. We can assist you in finding evidence that is pertinent to your circumstance because every case turns on certain facts.
Knowing What Constitutes Sexual Harassment Evidence
The following is a basic outline of what constitutes proof of sexual harassment in addition to the details on our sexual harassment page.
The harassing behavior must be either (1) severe or (2) widespread enough to (3) change the working circumstances for the victim and foster an abusive atmosphere.
A single instance of Sexual harassment employment law attorneys may be sufficient if it caused an intimidating, hostile, or unpleasant work environment or unreasonably interfered with the plaintiff’s ability to fulfill her job duties.
If there were a number of incidences over time that were so regular as to establish an oppressive work environment, you could also be able to make a claim for sexual harassment.
These are only a few instances. There are several other situations that constitute unlawful sexual harassment. Your best course of action is to talk to an attorney.=
Retaliation at work for sexual harassment
It’s not necessary to wait until the workplace becomes intolerable before reporting sexual harassment. As long as you behaved in good faith and had a solid basis for suspecting sexual harassment, California law also forbids businesses from taking adverse action against you for reporting sexual harassment. As long as the whistleblower acted on a plausible suspicion, it is possible that sexual harassment allegations were made in error.
How to Show Sexual Harassment Occurred to You
An outline of some supporting documentation for your claims is provided below:
Your Truth and Story Matter
Do not give up just because there is a he said/she said component. A competent attorney can assist you in developing your case and locating supporting documentation.
Text messages, recordings, and the paper trail
Obviously useful is a written or recorded trail of inappropriate sexual statements or approaches. Written correspondence free of graphic sexual content is another way to share your tale.
Recurring invites to dinner or drinks, for instance, may be pertinent. Evidence that the harasser ignores your communications pertaining to your employment after rejection is also pertinent since it keeps you from doing your duties.
Communications with Co-Workers, Healthcare Professionals, and Family
For some people, confiding in coworkers comes naturally. Coworkers frequently discuss personal matters in group chats, emails, and text messages. For instance, in a team Slack discussion, a female employee who was being harassed confided in her coworkers. Multiple women responded by sharing their own personal encounters with the same harasser.
You may need to seek medical assistance if the stress of sexual harassment causes physical or mental symptoms. Your doctor could note that you complained about sexual harassment and need medical attention as a result. The more recent reports and supporting evidence you have, the better.
Therefore, if visiting Human Resources makes you uncomfortable, talk to your family, friends, and coworkers instead.
Other “Me Too” victims or witnesses
There could be additional victims of sexual harassment if you were the victim. There may be names of coworkers who have been there for longer than you do. By looking into the company’s legal history, we could perhaps discover further victims.
Evidence showing the harassing behavior was known about or should have been known about by supervisors or agents (HR) yet they did not act immediately
A Company is required by California law to handle vocal allegations of sexual harassment in the same manner as written complaints.
Documentation of the Company Tolerating Harassment Pay close attention to the Company’s response to your complaints of harassment.
A Company is required by law to prevent sexual harassment, which includes, but is not limited to, conducting a fair investigation into your complaint and taking appropriate corrective action as needed.
Once you’ve reported sexual harassment, it’s on to the employer to follow California’s law, which requires them to take action to stop sexual harassment.
In an effort to avoid taking any action, businesses frequently claim they have never received verbal complaints or blame victims for not following rules.
Exchange Conversation Notes through Email
Employers want to eliminate paper trails. Send a follow-up email after a chat summarizing/documenting the interaction and the actions the company plans to take. These communications are also important to demonstrate your cooperation.
A successful performance
Keep track of your excellent work performance. By labeling you as a poor performance or difficult to work with, a harasser looking to get back at you may attempt to get you fired.
If you experience sexual harassment at work, we advise you to start compiling documentation to defend your reputation in the workplace and yourself. A sexual harassment attorney should be consulted as well so that you have someone on your side. We are eager to chat with you.