If a worker experiences sexual harassment, their employer is legally required to protect them. If the company fails to offer appropriate support, then the employee may have grounds to pursue a lawsuit.
Regardless of whether a worker is trying to develop a case to present to management or attempting to gather evidence for litigation, they need proof beyond just their own claims. Frequently, sexual harassment occurs through interpersonal interactions. There may not be much objective evidence available unless the person dealing with the harassment takes appropriate steps.
How should employees prove that they have experienced sexual harassment in the workplace?
Creating their own records
There are two main strategies that allow workers to generate their own documentation of workplace sexual harassment. The first involves keeping a detailed journal. Workers who write down when and where each incident occurs, as well as exactly what transpired and who was involved, can use that information later.
Each journal entry detailing misconduct, unwanted advances or hostile behavior can help establish a pattern of inappropriate conduct. The details included in those journal entries can help investigators corroborate the allegations of the person experiencing harassment.
The second option involves using a mobile phone or similar devices to capture video or audio recordings. Technically, state law only requires the consent of one party when recording in-person conversations. The person experiencing sexual harassment can provide that consent and has no obligation to notify the other party of their intent to record in most scenarios.
Securing outside evidence
There might be witnesses who overhear unwanted advances or who see a manager touching a worker inappropriately. Their testimony could go a long way toward corroborating the allegations of the person enduring that mistreatment.
Other times, there could be inappropriate jokes posted to break room boards or questionable emails sent from other people within the business. Taking photos of signage or obtaining copies of emails can help workers prove that something inappropriate happened.
The best way to gather evidence can be very different from one case to the next. Discussing workplace sexual harassment with someone familiar with state law can help workers find the best way to gather evidence. Once they have adequate evidence, they can seek support from their employers or proceed with litigation, if necessary.