If someone at work has sexually harassed you, you may be wondering, “What kind of evidence do you need for sexual harassment?” While it can feel intimidating to speak out, workers in California have rights under both state and federal law, and strong documentation can prove your claim. From inappropriate messages to repeated verbal comments to unwanted contact, the right evidence can vastly improve the outcome of your complaint.
How Witness Statements Can Strengthen Your Case
Witness accounts have a significant role in the outcome of many sexual harassment claims. If coworkers in places like Costa Mesa or Garden Grove have also noticed inappropriate remarks or behavior at work, you can ask them to provide statements that support your administrative complaint or legal action through the courts.
Even short statements based on observations can carry significant weight for victims seeking accountability. If someone at work noticed that you appeared uncomfortable around the harasser, that could position you for relief. Although men are also the target of workplace sexual harassment in Orange County, nearly 88% of women in California report experiencing harassment or assault over the course of their lives.
Saving Digital Communications as Evidence
Preserving texts and emails can create a chain of evidence that results in accountability. Demonstrating that you asked the perpetrator to cease their harassment can show that you are the victim of unwanted acts.
Screenshots and emails can provide timestamps that support an administrative complaint. Whether the harassment happens in person or remotely, documentation is key. Around 5% of women across the country report facing harassment while working remotely.
Why a Detailed Timeline of Events Matters
If you have a list of incidents of sexual harassment but no timeframe, it can be difficult to use those documented acts to hold the perpetrator accountable for their misconduct. A concise timeline helps you better organize your evidence. That way, you can demonstrate a pattern of conduct that can lead to compensation and other forms of relief.
Whether the incident took place in Anaheim Hills or elsewhere, take time to list those and subsequent events with information about the date, time, and specific location. By including those details, you can add credibility and weight to your evidence. You can also demonstrate that you took the incidents seriously enough to carefully document and report the misconduct.
How HR Reports and Complaints Can Support Your Claim
Larger companies in Costa Mesa, Santa Ana, and elsewhere maintain HR departments where you can report workplace sexual harassment. Depending on your company’s policy, you may submit an anonymous or formal complaint to that department. If your company is too small to have an HR department, you can bring the matter up to a supervisor.
Once someone in HR or elsewhere receives your complaint, they are obligated to take appropriate actions to remedy the situation. If they do not, they could face liabilities for that later.
Using Employer Policies and Training Records as Proof
Ask for your employer’s anti-harassment policy and records of completed training sessions. Make note of the dates when training occurred and whether the company followed its own procedures after you made a complaint.
If policies were ignored or not enforced, that can point to employer negligence. Showing that rules were in place but not followed strengthens any claim you bring forward, whether it’s filed with a state agency or in court. Consistent failure to follow internal protocols can become a key point in proving employer responsibility in a harassment case.
FAQs
Q: What Kind of Evidence Can Prove Sexual Harassment?
A: To prove sexual harassment, you can gather evidence like emails, text messages, or notes containing inappropriate remarks. You can also use photographs and witness statements to pursue an internal or administrative complaint. Be sure to note the times, dates, and locations of the acts in question. Witness statements can also have a critical role in proving harassment.
Q: What Is the Burden of Proof in a Harassment Case?
A: In workplace sexual harassment cases, the burden of proof is typically on the person making the complaint. Your sexual harassment attorney must show that the behavior was unwelcome, based on sex or gender, and created a hostile or offensive work environment. In civil court, the burden of proof is usually met by demonstrating fault by a “preponderance of the evidence.” This means it is more likely than not that harassment occurred. An attorney can build a clear and credible case.
Q: How Much Evidence Do You Need to File a Workplace Harassment Complaint?
A: You don’t need overwhelming evidence to file a workplace harassment complaint, but clear documentation can strengthen your argument. Evidence of repeated messages, unwanted remarks, or other ongoing behavior after you asked it to stop can support your claim. A Los Angeles sexual harassment lawyer can assess whether your documentation meets legal standards for proving harassment.
Q: How Do You Prove That You Are Harassed?
A: Proving that you have been subjected to harassment requires showing a pattern of unwelcome behavior that is sexual in nature or based on gender. If the acts were emotionally harmful or interfered with your ability to work, you can take action with an employment attorney. To strengthen your claim:
- Keep a written record of each incident.
- Save any written or visual evidence.
- Talk to coworkers who may have witnessed the conduct.
If You’re Ready to Hire a Sexual Harassment Lawyer, Contact California Employment Counsel, APC, Today
After being subjected to workplace harassment, one of the first steps a worker should take is to hire a sexual harassment lawyer. It’s crucial to find one who has handled sexual harassment cases and secured accountability and justice for the harm their clients have suffered. A sexual harassment lawyer who understands how sexual harassment penalties work can seek compensation and accountability from the perpetrator and, potentially, your company’s employer.
Our team’s background includes military leadership and legal advocacy. Nicholas A. Hane, Esq., has served as Trial Counsel at California Employment Counsel, APC, since 2017. Our founder, Raymond E. Hane III, has practiced employment law for nearly 30 years. He has been honored annually as a Southern California Super Lawyer since 2009. Reach out today to begin your case with a trusted legal team.