Many people experiencing workplace sexual harassment don’t stand up for themselves. They may feel that it is their word against the perpetrator’s. When the person harassing someone is in a position of authority over them, there is an assumption that their workplace authority may naturally lead to people trusting their version of events more.
It is true that most viable sexual harassment cases in California require corroborating evidence to convince employers or the civil courts that misconduct occurred. How can someone who is experiencing sexual harassment on the job in California document that reality in order to prove it to others?
Recording is not an option
In the digital age, most people’s first instinct is to reach for their mobile phone when they want to prove something happened. Phones can help people quickly and covertly record audio or video footage of a sexual harassment scenario.
Unfortunately, California is a two-party consent state. Everyone involved in an interaction must give their consent to the recording for it to be lawful. Therefore, written records are often the best option for California workers trying to prove a pattern of sexual harassment.
Keeping written notes of the details of each incident can help someone prove what they experienced. Outside corroborating evidence is also helpful. Speaking to trusted individuals about what happened and submitting reports to human resources or management when appropriate can also help create corroborating evidence verifying what someone experienced in the workplace. That evidence can both help when working directly with an employer or when taking a sexual harassment case to civil court.
With all of this said, discussing the specifics of one’s situation with an attorney might help someone better identify additional viable sources of evidence when trying to prove sexual harassment occurred.
