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What Evidence is Needed in a Sexual Harassment Case?

Aug 13

Over recent years, many people have become more aware of how rampant sexual harassment in the workplace is. Sexual harassment is something no one should ever have to experience, especially in their place of work. Unfortunately, this is a reality for many employees, and they need to know that they can take action against the perpetrator. Those who have been the targets of sexual harassment and are considering taking legal action may understandably have many questions. 

One aspect that an employee may be concerned about is what they’ll need to show to prove that they experienced sexual harassment. Learn more about what evidence is necessary in sexual harassment cases. 

Proof That You Reported the Behavior

Before taking legal action for sexual harassment, it needs to be reported within your company. Of course, this doesn’t always remedy the situation, and in some instances, may end up worsening things if retaliation is at play. However, having proof that you reported the harassment to the appropriate person within your company will be an important piece of evidence in your case. In addition to proof that you reported the behavior, you should also show what your employer did or did not do about it. 

Communications

Not everyone may have correspondences that can help show that sexual harassment occurred, but if you do, this can be extremely valuable for your case. Communications can include written communications, such as emails and messages of the harassment, as well as verbal communications, which may include voicemails and/or recordings. Pictures and videos of the harassment taking place can also be used if you have them. It’s important that anyone who believes they’re experiencing harassment save any communications that can be used for evidence, even when you aren’t sure whether or not it will be useful to your case. 

Witness Testimonies

There may be a chance that other people were around while the harassment was taking place, even if it was just for a brief moment. Having another person confirm that they witnessed you being harassed can be extremely important. As with communications, not everyone will have a witness who can provide a testimony. However, if you believe other employees have witnessed the harassment, you need them to testify and report what they saw. Even if they only witnessed a small part of the harassment, you don’t want to overlook having a valuable witness testimony as a part of your case. If you believe there’s a chance that anyone else could be aware of the harassment, this is something you’ll need to mention. 

Contemporaneous Notes

Some cases may be one person’s word against another’s, but having a log of notes detailing the harassment can still be beneficial. If you believe that you’re being sexually harassed at work, it’s important to keep detailed notes of what’s occurring so that you can use it as evidence. 

Without taking notes soon after the incidents occur, you may forget small details that can help strengthen your case. Your notes should also include the dates and times of all incidents. If you’re able, take these notes electronically so that a timestamp can be easily obtained and be sure they’re on a device you know you’ll have access to whenever you need. 

Your Employer’s Sexual Harassment Policy

Many employee handbooks contain information regarding the company’s sexual harassment policy. If your employer has a policy, this is something you need to show in your case. This policy may outline what is considered sexual harassment in the workplace and what consequences the company has in place in the event that harassment does occur. 

Let a Sexual Harassment Lawyer Assist Your Case

Gathering proof and evidence for your case may seem overwhelming, which is why you shouldn’t go through this alone. If you’ve experienced sexual harassment, you deserve to have someone knowledgeable and experienced who is determined to help improve your situation and get you justice. At Brown Kwon & Lam, we know how difficult it can be to experience sexual harassment and how challenging it is to step forward. Our sexual harassment lawyers know what evidence is required to prove that harassment occurred and how to obtain it. 

Brown Kwon & Lam is here to provide the legal guidance you need to get justice for what you’ve experienced. Contact us today to get help from a sexual harassment attorney in New York City. 

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