Sexual harassment in the workplace is still a pervasive issue, even in states like California with strong legal guidelines for employers. To pursue a successful claim, an employee must provide thorough evidence that the conduct occurred and that the employer is legally liable for the action.
If you are wondering how to prove workplace sexual harassment in California, working with a Los Angeles sexual harassment lawyer from Sparrow LLP can help you get your questions answered.
Establishing Evidence in Workplace Sexual Harassment Claims
Sexual harassment claims generally fall into one of two categories. Quid pro quo harassment refers to an arrangement where a person of authority attempts to make submitting to sexual advances a condition for continued employment or a specific job benefit.
A hostile work environment refers to when a person’s severe or pervasive sex-based conduct creates an intimidating or offensive situation that interferes with an employee’s job performance. Based on these two categories, the evidence you can use to prove workplace sexual harassment may differ.
Quid Pro Quo Harassment
In a quid pro quo harassment situation, a single action is often enough to warrant a claim. You will need to gather evidence of a direct link between the refusal of a sexual advance and a tangible adverse employment action that was taken against you. This could include being fired, demoted, denied a promotion, or receiving a cut in pay.
Hostile Workplace Claim
Recovering damages for a hostile work environment can prove more challenging because you will need to prove that the conduct was either severe or pervasive. A severe action, such as a sexual assault, could be a single action, whereas a pervasive action would need to be a continuous pattern of recurring jokes, slurs, or unwelcome touching.
The legal determination for this relies on judging the conduct from the viewpoint of a reasonable person in the employee’s position.
Evidence Essential to Prove Workplace Sexual Harassment
Document everything. Begin by taking immediate, detailed notes regarding every incident, including date, time, location, actions taken, and the names and contact information of any witnesses.
Preserve screenshots and records of any digital or physical evidence, such as inappropriate emails, text or chat messages, or calendar entries related to the misconduct. Save any photos, videos, or derogatory materials displayed or sent by the harasser. Back up digital documents on your personal device and save any physical evidence off-site so no one attempts to dispose of them.
Proof of Reporting Sexual Harassment to Employer
Keep a copy of your report of the sexual harassment that was submitted to your employer. All related correspondence, including any investigation reports, disciplinary actions (taken or not taken) against the harasser, and any follow-up emails can be important as well. The absence of follow-up can also be evidence of their negligence.
Gather a copy of the employer’s official sexual harassment policies and employee handbook as well.
Using Me Too Evidence
California courts allow for a powerful legal principle known as Me Too evidence. This refers to evidence of harassment or discrimination experienced by other employees, even if you were unaware of those incidents at the time.
This evidence can be admissible to show the harasser’s discriminatory intent or motive and prove the existence of an overall hostile work environment that the employer permitted.
Do not delay in getting started with your workplace sexual harassment case, as the California Civil Rights Department (CRD) has strict deadlines.