How to Prove Sexual Harassment in the Workplace

When an employee experiences sexual harassment in the workplace it can not only affect their work performance but also their mental well-being. Filing a sexual harassment claim can also be daunting, especially with a lack of evidence. If you are being sexually harassed in the workplace, you have laws that protect you. Our employment law attorneys explain what you need to prove your sexual harassment case.

If you are being sexually harassed, contact our sexual harassment attorneys today at (213) 310-8301 to schedule a confidential consultation!

How to Gather Evidence of Sexual Harassment in the Workplace

Discrimination cases can be difficult to prove because they are mostly based on intent. You need to demonstrate that your supervisor or coworker was motivated by a biased opinion or that they made an inappropriate pass at you (often without a witness present).

The best way to gather proof for your sexual harassment case is by collecting detailed evidence about the harassment. You should keep a notebook or file of every offensive email, photograph, or note you receive from the perpetrator. You should also take note of any offensive comments or sexual requests they make. Be sure to include the names of everyone involved, what happened, and where and when it took place. This information will be extremely valuable when litigating a strong sexual harassment claim.

You should also take notes of how sexual harassment is affecting your overall work performance or growth. Keep copies of performance evaluations, reports you’ve made to the human resources department, or any form of retaliation the perpetrator might have made against you for refusing sexual favors. For example, suppose a supervisor requested sexual favors to an employee in exchange for a promotion but the employee refused. As a result, the supervisor demoted the worker. In this case, the demotion would be proof of retaliation.

Trying to prove that you have a sexual harassment case can be daunting. However, taking detailed notes of every incident can be extremely helpful. Get in touch with our team at Hennig Kramer LLP to learn more about your employment law rights.