Sexual harassment can be one of the most distressing experiences anyone can have at work. There are laws to protect employees from this type of harassment. You can take legal action against the harasser if you are subject to sexual advances at work. Proving your sexual harassment case in court is the main problem.
Here is a list to help you prove someone has harassed or violated your sexual rights when you file a claim for sexual pressure or harassment:
Pro tip: If you experience sexual harassment at work, gather all communications that could be used to prove it. Without proper documentation, you are unlikely to win your case because the court cannot rely solely on what is said.
These communications may include either verbal communications such as recordings, voicemails, or written communications such as messages, notes, or emails. You may also find helpful photos and videos from the incident.
Attest That You Reported the Incident
If you are experiencing sexual advances at work, the first thing you should do is to report it to your employer or direct manager or supervisor for the company. In some cases, it may not be enough to correct the situation, and can even make the situation worse if any retaliation occurs.
However, presenting strong evidence that you did indeed report the behavior to the appropriate authority will absolutely be beneficial to show the court. It’s also beneficial to your case to be able to show evidence of what actions your employer did or did not do in response to your claim.
Attain Your Employer’s Policy on Sexual Harassment
Nearly every company has a policy defining sexual harassment at work. You may be able to use your employer’s harassment policy as evidence, if it exists.
Take Contemporary Notes
If there isn’t enough evidence to support the claim of sexual harassment, the case could be decided on your own words against the harasser. It is still beneficial to keep a log of all harassment incidents and any attempts to report it or get the problem addressed. You may forget to record incidents as they happen, which could lead to your case not being well-supported.
It is always beneficial for you to either keep a journal or use a notes app on your phone. Make sure to record the date, time, and any other aspects of the event. The more detailed you can be regarding the harassment, the better it will serve as evidence for your case.
Witnesses may also be helpful in strengthening your case. Witnesses may also be required if you believe that colleagues witnessed the behavior. It can be helpful to have someone outside of the parties involved in the harassment to confirm that they witnessed you being sexually harassed.
Ask any possible witnesses for their contact information. Your sexual harassment lawyer will be able to interview your witnesses to gather any more information that could be pertinent to your case. In some cases, witnesses may feel hesitant to testify in court against a coworker or even boss.
An employment lawyer, one who is experienced and knowledgeable in the sexual harassment laws in California, will typically have more success in convincing the witness that it’s in everyone’s best interest to testify.
Find the Right Sexual Harassment Attorney for You
It can be overwhelming to collect evidence in a sexual harassment case. Professional help is needed. If you’ve been victim to sexual impropriety or harassment in California you should hire attorneys who have the right knowledge and experience to help you.
Fraigun Law Group has the experience and knowledge to help you with your case. Call us today at 818-981-1800, and discuss your case with one of our trusted sexual harassment lawyers in California to get the legal help you need.