Documenting Sexual Harassment

by | Sep 1, 2020 | Harassment & Assault

Sexual harassment comes in a multitude of forms at work for many employees. The harassment often presents uniquely to each victim; this means that just as there is no one clear-cut method of sexual harassment, there is also not a clear-cut method of responding to it. Unfortunately, for individuals experiencing it, deciding what to do is often a decision between continuing to get paid – or career advancement – against being harassed and disrespected.

Critical Types of Evidence

Along with contacting a skilled employment attorney, victims of any type of sexual harassment should take the critical step of collecting important documents and evidence to validate later legal claims against an employer or a harasser. It is important for victims, if possible, to:

  • Write down dates, times, and locations of each instance of harassment. Be sure to include what happened or was said, as well as the names of any witnesses.
  • Copy or take smartphone screen shots of all relevant social media posts, text messages, emails, or photographs.
  • Keep all job performance and productivity records. If possible, have human resources pull your personnel file or performance reports and review them. Take screen shots or make notes in case your performance is ever disputed – especially once you file a complaint.
  • Confide in a coworker, a close friend, or a family member about the harassment and record important details of those conversations. They can not only provide valuable support, but also corroboration if you need it in the future.

Important Considerations

Not only is getting the right documentation important but making sure you keep valuable evidence safe and obtain information the right way is critical as well. Victims should remember:

  • Store documents and evidence out of your office and off your work computer. Make sure the information is backed up and kept somewhere safe.
  • Check your state laws and your company policies before recording conversation – some companies prohibit it and in some states you cannot legally record conversations unless all parties involved consent.

Get Help from a California Employment Lawyer

Finding yourself victim of workplace sexual harassment can be a stressful, confusing, and anxiety-provoking time. Even if you know the conduct is wrong, you may be worried about how to proceed. Documentation is helpful and can greatly aid in holding the wrongdoer accountable and knowing what to gather is key. For help with sexual harassment at work, turn to the experienced California employment lawyers at Rothschild & Alwill, APC without delay. We know how to hold employers and harassers accountable, and we are here to answer your questions and fight for justice for you.