Ask a Sexual Harassment Lawyer: How Do You Gather Evidence for Your Case?

Harassment in the workplace can be psychologically damaging, physically damaging, and damaging to your reputation or future employment opportunities. When you file a workplace harassment lawsuit, you will need to work closely with a sexual harassment lawyer to gather evidence and prove your case.

Ask a Sexual Harassment Lawyer: How Do You Gather Evidence for Your Case?

The evidence you need to prove a sexual harassment case will vary depending on the degree of sexual harassment, the quid pro quo involved in your case (if any), and other elements. Visit this page to learn more about how a lawyer can help you prove your claim in court.

Self-Testimony

For a sexual harassment case, testimony about your experiences in the workplace can often be the most detailed. Because you are experiencing the harassment firsthand, you will have details related to instances involving sexual harassment. Self-testimony can be spoken in court or submitted as written evidence.

Witness Testimony

Witness testimony from other people who witnessed sexual harassment in the workplace can also be used as evidence in your case. For example, if another employee witnessed unwanted touching or overheard a conversation that involved sexual harassment, a witness can support your claims about specific incidents.

Medical Reports

Sometimes, depending on the degree of sexual harassment, there may be medical reports that can provide additional evidence for your claim. For example, if unwanted touching escalated to sexual assault and you received medical treatment at a hospital, the medical records will prove that you suffered physical harm during the incident.

Some people may also be able to use evidence from psychological counseling. It's not unheard of for women who have been sexually harassed or assaulted in the workplace to experience anxiety, PTSD, depression, and other psychological disorders. Psychological records can also prove that you were harmed by sexual harassment.

Communication Records

If you have any communication records about sexual harassment, this can often be the smoking gun for a sexual harassment case. For example, if you have emails or text messages from your harasser, you can use this communication to prove your case. Other communication records can include interoffice chat messaging, voicemails, and phone calls. It's important to collect communication records involving sexual harassment early on.

Copies of HR Complaints

If you complained to your human resources department about sexual harassment, you will also need to gather copies of these HR complaints. To protect yourself, it's a good idea to get copies of HR complaints on the same day you file an HR complaint so that you can keep these copies for your records to prevent your company from covering up claims.

Copies of HR complaints can prove that there were sexual harassment incidents and that your company was aware of these incidents but chose not to do anything about them. This can also make it easier for you to file a claim directly against your company and not just against another employee.

Physical Evidence

Finally, you may have physical evidence related to your sexual harassment claim, such as photographs or other materials that were used to harass you. Any physical evidence you have should be kept sealed away and placed in a safe location or otherwise handed over to the police (if you had to file a police report).

Should You Keep a Log of All Harassment Incidents?

People who suffer from sexual harassment in the workplace can protect themselves by keeping an ongoing log of all sexual harassment incidents. This log can be written in a journal or diary or kept safe on an encrypted file on your computer.

It's important to include as many details as possible for these logs, including the date and time of the harassment, specific words that were used, and any other details related to the incident. You may also want to include if you filed an HR complaint or if there were any witnesses to the harassment.

How Is Workplace Harassment Proven In Court?

Oftentimes, sexual harassment claims can only be settled in court since companies may not always treat employees fairly. To prove a sexual harassment case in court, you will need to establish that you are part of a protected group. You must also prove that you were subjected to unwanted sexual advances, such as with communication records, details about incidents, or other evidence.

Finally, you must prove that these unwanted sexual advances were conditional to your employment, as this will establish quid pro quo. In other words, if you were expected to return sexual favors in exchange for keeping your job, this is considered sexual harassment.

Sexual harassment in the workplace is, unfortunately, very common, especially for women. However, you can protect yourself by gathering evidence early on that can be used to prove a sexual harassment claim. When you work with a sexual harassment lawyer, you can file a lawsuit to receive the compensation you deserve for your unfair treatment in the workplace.