Sexual harassment might take place in broad daylight or behind closed doors with only the perpetrator present. If you've been harassed behind closed doors, you might be wondering how you're going to prove it. Isn't it going to be your word against theirs?
Many sexual harassment accusations are he-said/she-said (or he-said/he-said or she-said/she said) conflicts in which the victim and the perpetrator each tell a different version of events. Do not give up if you find yourself in this scenario. It is still possible to file a claim and win it. Your next step is to contact The Law Offices of Larry H. Parker at 800-333-0000 for a free consultation.
Types of proof in sexual harassment cases
Statements of witnesses: When sexual harassment occurs in the presence of others, they can act as witnesses. Their account of events will aid whoever is investigating the sexual harassment (whether it's an employer or the EEOC) in determining if the victim or perpetrator is telling the truth about what happened.
Emails: If sexual comments serve to create a hostile work atmosphere, sexual harassment can occur without targeting any one individual. Email forwards containing obscene jokes, drawings, or videos are one example of a behavior that might lead to a hostile work environment. Of course, an email with particular remarks intended at the victim might be used as proof.
If your company has security cameras and the sexual harassment includes activity that could be captured on film, it's likely that your employer will check the video records while looking into your claim.
Victim's notes: The victim's testimony is one of the most crucial resources in a sexual harassment case. If you keep precise notes of all the sexual harassment you've encountered, your testimony will be stronger. Make a list of what happened, who was present, where and when the incident occurred, and other details following each incident. Make notes every time you bring an issue to management's attention.
Don't make an attempt to record the harassment
California is a two-party consent state, which means you need both parties' permission to record a private discussion. This means that secretly recording someone in order to catch them in the act of sexually harassing you would be illegal.