How To Document Evidence For Your Sexual Harassment Case In California

In this article, you can discover…

• How to document inappropriate behavior or comments at work.
• Whether text messages and emails can be used as evidence.
• How to document subtle or non-verbal harassment.

How Should I Document Inappropriate Comments Or Behavior In My Workplace?

Be sure to record when anything inappropriate, egregious, or uncomfortable happens to you in the workplace. Note the date, time, persons involved, and what happened. You can even text or email this information to yourself to give yourself an instant time stamp on the information. Noting this information as soon as possible after the incident can help ensure the memory is sharp, clear, and accurate.

Next, consider if this kind of behavior is tolerated or seen as normative in your workplace. If your workplace has a culture that is tough on sexual harassment, this may empower you to come forward and let your employer know what is happening.

Having these incidents documented can provide crucial evidence, whether you choose to handle your case with your employer, or reach out to an employment rights attorney for help with negotiations or litigation.

Can Text Messages Or Emails Be Used As Evidence In A Sexual Harassment Case?

Yes, text messages, as well as messages on Facebook, Messenger, Slack, WhatsApp, and emails, can all be used as evidence of sexual harassment. It’s becoming increasingly common for abusers to harass, pressurize, or intimidate victims electronically, and holding onto these messages is critical. Do not delete them under any circumstances, as these messages will often be the most useful types of evidence in litigation.

How Can I Preserve Video Or Audio Evidence Of Harassment?

If the perpetrator is sending you harassing videos or pornographic media, be sure to hold onto these messages. Keep them in a form that can be preserved, such as on a disk drive or zip drive.

Next, consult with an attorney. My law office works with vendors who have the ability to harvest and save digital information from phones, helping preserve video and audio evidence of harassment.

Attorney Wilmer J. Harris is an accomplished, caring employment rights attorney serving California. For 35 years, he’s helped clients just like you preserve crucial evidence of workplace sexual harassment and seek the damages they deserve.

Have questions, or in need of legal guidance? Reach out to attorney Wilmer J. Harris for a free initial consultation today.

Call For A Free Case Evaluation (626) 465-7792

What Role Do Witnesses Play In Documenting Sexual Harassment?

Witnesses can be quite important to your case. If your employer conducts an internal investigation of the abuse, witnesses to the harassment may be identified and interviewed. If you reach out to an employment rights attorney, be sure to let your lawyer know about any witnesses who may be helpful in proving your case.

Unfortunately, many witnesses may fear retaliation or loss of employment by supporting a lawsuit, but if they are willing to sign a declaration, their testimony can be critical in supporting your case.

How Do I Document Evidence When The Harassment Is Subtle Or Non-Verbal?

You can also note any incidents of subtle harassment. For example, if someone is in the habit of touching your arm or shoulder every time they talk to you, be sure to document what happened, when, and where. Noting this through timestamped texts or emails can be a useful way to prove ongoing behavior.

In the case of uncomfortable touching, if you politely ask the person to stop, be sure to note any changes in how you are treated in the workplace. For example, are you given less desirable projects? Are you socially ostracized at work? Note if this happens, as this documentation can help corroborate your fight, especially if you are eventually let go in retaliation.

Still Have Questions? Ready To Get Started?

For more information on how to document evidence of sexual harassment, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 465-7792 today.