How Can I Prove Sexual Harassment?

Ruben Limonjyan | December 23, 2021 | Sexual Harassment

Experiencing sexual harassment can cause multiple problems at the workplace. Occasionally, employees who face sexual harassment have to weigh the risks of reporting the incident, retaliation, or remaining silent and continuing to stand the lewd sexual conduct. As a victim of sexual harassment, it can be challenging to prove your case – especially if it is your word against your superior.

If you have experienced sexual harassment at work, you can assert your rights against sexual harassment and seek compensation. It is essential to understand how you can prove sexual harassment and the channels to follow if you want to file a sexual harassment case.

Types of Sexual Harassment Cases

Some of the most common sexual harassment cases are quid pro sexual harassment and hostile work environment. Quid pro harassment occurs when a manager, supervisor, or superior authority offers benefits to an employee in exchange for sexual favors. A hostile work environment harassment case is where an employee is subjected to undesirable sexual conduct that makes the environment unconducive to work.

Types of Evidence Used in Sexual Harassment Lawsuits

Filing a sexual harassment case means that you have to prove your case based on a “balance of probabilities.” Whether you have a quid pro or a hostile work environment case, there are two types of evidence to present before the court;

• Direct Evidence

Direct evidence is the evidence that can directly prove a primary fact in issue. This may include a statement or message from your supervisor that he will terminate you for not consenting to his sexual demands.

• Circumstantial Evidence

Unfortunately, the sexual harassment evidence you have may not be as obvious. This could be a scenario where the defender may have implied sexual harassment through his statements or actions. While it can be challenging to use circumstantial evidence to prove your case, it can be convenient.

For example, if a supervisor requests sexual favors without threats then fires the employee a while after they refuse to engage in the sexual act, the employee can use that as a piece of circumstantial evidence. The more circumstantial evidence you have to support your case and prove the link between your demotion or termination and the proposition, the stronger your case will be.

What Types Of Evidence You Should Collect

If you are the victim of sexual harassment in the workplace, save any messages, emails, photos, voicemails, and any office documents that could support your claim. The court or the Equal Employment Opportunity Commission will determine the case if your evidence differs from that of your employer. The more evidence you have, and the better you present your case, the more chances you have to win the dispute.

Contact Limonjyan Law Group to Discuss Your Options

At Limonjyan Law Group, we have a team of employment law attorneys to represent you during the legal process. If you need to file a sexual harassment lawsuit, we will evaluate the merits of your case and help you figure out the next course of action. Please contact us online or call us at 213-277-7444 to schedule a consultation.