While workplace sexual harassment is illegal in California, it happens all the time. The most challenging part of sexual harassment is proving the allegations since harassment tends to occur in more secluded scenarios. In some cases, victims might be apprehensive about reporting sexual harassment if they feel as though they don't have enough evidence or they feel as though it will be their word against the harasser.  

If you've experienced sexual harassment in the workplace, it can be challenging to prove your case, especially if it is from your superior. However, it is still vital to take action before things escalate. As an employee, it helps to learn how to prove workplace sexual harassment and the proper steps to follow if you wish to launch a sexual harassment case.

Types of Sexual Harassment Cases

There are generally two types of sexual harassment cases: quid pro quo harassment and hostile working environment. In quid pro harassment, a superior authority, such as the supervisor or manager, offers favors to a worker in exchange for sexual favors. On the other hand, a hostile working environment describes a scenario where an employee is exposed to undesirable sexual behavior that creates an unsafe or intimidating work environment.

What Evidence Is Used in Sexual Harassment Lawsuits?

You need substantial evidence to file a sexual harassment claim, meaning you must prove your case on the grounds of balance probabilities. You can use two forms of evidence in court, whether you are launching a hostile work environment or a quid pro quo case.

Direct evidence:  

• This is evidence that directly proves a fact in a case. It can be in the form of a statement, witness testimony, or a massage from the harasser detailing their sexual requests.

Circumstantial evidence: 

•  Circumstantial evidence means that your evidence may not directly point to sexual harassment. Instead, it is either implied in a person's statement or actions. For instance, if an employer asks for sexual favors without threats and they later fire you for turning down their requests, you can use that piece as circumstantial evidence.

The Types of Evidence You Should Gather

To prove that you were sexually harassed, you need to collect as much evidence as possible. You may want to document:

• Texts and Calls
• Audio recordings
• Emails
• Pictures received from the harasser
• Witness statements
• Videos of the events that led to sexual harassment

Keep in mind that the more evidence you gather, the higher your chance is of winning the case. Consider working with a sexual harassment attorney to help support and prove your case.

Contact a Monica Sexual Harassment Attorney at Schwimer Weinstein

If you live in Los Angeles and need help filing a sexual harassment lawsuit, the legal team at Schwimer Weinstein can help. They have the knowledge and experience to handle your case and ensure you get the most desirable outcomes. Contact us today to schedule a consultation and discuss your case confidentiality with lawyers Michael Schwimer and Zev Weinstein.