Workplace sexual harassment is an issue that affects countless employees across the country, yet it often remains underreported due to fear of retaliation, shame, or uncertainty about how to handle the situation. Step one is proving that it happened, but how do you prove you have been sexually harassed?
At California Employment Counsel, APC, we understand that proving sexual harassment can be both difficult and emotionally taxing, but it’s crucial to know that you’re not alone and that there are clear steps you can take, including recognizing when harassment is occurring, what to do, and when to contact a Torrance sexual harassment lawyer.
Understanding Workplace Sexual Harassment
Sexual harassment in the workplace can manifest in a variety of ways, including unwanted advances, inappropriate comments, physical contact, and more. In California, workplace harassment is prohibited by both state and federal laws, including Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA). However, proving harassment requires careful documentation and evidence.
Types of Workplace Sexual Harassment
There are two primary forms of sexual harassment:
- Quid Pro Quo Harassment. This happens when an employee is offered something in exchange for submitting to sexual advances or behavior.
- Hostile Work Environment Harassment. This type of harassment happens when an employee is subjected to repeated, severe, and unwelcome sexual conduct that creates an intimidating, hostile, or offensive work environment.
While both types of harassment are illegal, showing that they happened can be difficult. Proving sexual harassment requires more than just claiming that you were harassed. It involves gathering concrete evidence that demonstrates that the harassment occurred and that it was severe or insistent enough to affect your work. Here are the key steps to follow:
Document Everything
The most critical step in proving sexual harassment is to thoroughly document every incident. Keep a detailed record of every time it happens, including:
- The date, time, and location of the incident
- What was said or done
- Any witnesses present
- Your response to the harassment
- How the incident made you feel, and how it impacted your work
Documentation is crucial to demonstrate a pattern of harassment. Even if an incident seems minor at first, keeping a record can show that harassment consistently occurs and is affecting your ability to do your job.
Report the Harassment
In California, employers are legally required to have policies in place so employees can report harassment. If you experience harassment, it’s important to report it to your supervisor, human resources (HR), or another designated individual within the company. Be sure to follow the company’s internal procedure for filing a complaint.
By reporting the harassment, you not only protect yourself but also give your employer an opportunity to address the issue. In some cases, failing to report harassment could affect your ability to file a claim later, as employers may argue they had no chance to correct the problem.
Collect Witness Statements
Witnesses can be invaluable in proving harassment occurred. If anyone observed the harassment or was aware of the situation, ask them to provide a statement. Their account can corroborate your version of events and strengthen your case. Even if you don’t have direct evidence, witness testimony can provide further context about how the harassment created a hostile environment.
Gather Evidence of the Impact on Your Work
Sexual harassment often leads to emotional distress, anxiety, depression, and even physical health problems. It’s important to collect evidence of how the harassment has affected your work performance. This could include:
- Performance reviews or disciplinary records that indicate a drop in your performance
- Medical records showing you sought therapy or counseling
- Statements from colleagues about how your work has changed
- Emails or written communications that demonstrate the effect on your mental and physical health
Analyze Your Employer’s Response
Once you’ve reported the harassment, pay attention to how your employer responds. If they fail to take appropriate action, or if they retaliate against you, it can further support your case. Employers are legally required to investigate complaints of harassment and take steps to remedy the situation. If they fail to act, it strengthens the argument that the workplace is hostile and that your harassment claims are legitimate.
Seek Legal Assistance
Sexual harassment cases can be complicated, and navigating the legal landscape requires professional knowledge of both state and federal laws. A Torrance sexual harassment lawyer can help you understand your rights, evaluate the strength of your case, and guide you through the process of filing a claim.
FAQs
Q: What If I Don’t Have Physical Evidence of the Harassment?
A: While physical evidence can be important, it is not always necessary to prove harassment. Detailed documentation, witness statements, and evidence of how the harassment has impacted your work performance can still form a strong case. Regardless of physical proof, always report the harassment through the appropriate chain of command and seek legal counsel.
Q: Can I Be Retaliated Against for Reporting Sexual Harassment?
A: Retaliation is illegal under both state and federal law. If your employer takes adverse action against you for reporting harassment, such as firing, demoting, or disciplining you, this can form the basis of a retaliation claim in addition to the harassment claim. Retaliation can also happen slowly, through sudden poor performance reviews and attempts to make the workplace so unbearable that you quit. Document everything, and seek legal counsel.
Q: What If I Don’t Want to File a Claim and Go to Court?
A: Not all claims of sexual harassment result in going to court. With the help of a lawyer, you can file a complaint through the EEOC or the CRD, who can investigate the situation. Many claims are resolved through mediation or settlement rather than going to court, but if going to court is needed, your attorney can take on the burden and minimize any stress.
Q: How Long Do I Have to File a Sexual Harassment Claim in California?
A: In California, you generally have three years from the date of the harassment to file a claim with the CRD. However, it’s important to act as soon as possible, as the investigation and legal process can take time. If you’re considering filing a sexual harassment claim, it’s important to seek legal counsel. Your attorney can take care of all filings and legal deadlines.
Don’t Wait, Contact a Torrance Sexual Harassment Lawyer
Proving that you’ve been sexually harassed at work can be a challenging process, but it’s not impossible. By documenting incidents, reporting the harassment, gathering witness statements, and seeking legal counsel, you can build a strong case.
If you believe you’ve been sexually harassed at work, the California Employment Counsel, APC, is here to listen to your story and help you determine the right course of action for your case. Contact us today to schedule a consultation.