People experiencing sexual harassment at work often feel helpless. Nevertheless, they can prove misconduct by gathering evidence, keeping a log of events, and seeking witnesses willing to confirm their accounts. As proof of this, our Orange County sexual harassment attorney has helped many people through the process, with successful lawsuits recovering compensation for victims’ trauma.
What Types of Conduct Are Classified as Sexual Harassment?
Some types of sexual harassment are clear-cut. For example, someone touches you inappropriately or offers you benefits in exchange for sexual favors. In other instances, people know they feel uncomfortable, but are not sure whether the behavior that leads them to feel this way would be recognized as sexual harassment.
In California, the law recognizes many forms of sexual harassment, including:
- Any form of deliberate physical contact you find unwelcome.
- People telling sexual jokes and stories.
- Sexually-charged comments on your physical appearance.
- Displaying or sharing inappropriate images or videos in the workplace.
- Pursuing co-workers or subordinates for dates, even after being rejected.
- Spreading sexual rumors about an employee.
- Targeting people with lewd gestures and facial expressions.
- Stalking coworkers.
- Talking about sexual fantasies.
In short, if you are made to feel uncomfortable and there are sexual overtones in the behavior that make you feel this way, you are likely a victim of sexual harassment. This conduct is illegal, and California’s Department of Justice encourages victims to take action.
How to Prove Sexual Harassment
Your safety comes first. If you feel unsafe at work, you may not feel equal to remaining and gathering evidence. Consult a lawyer to find out whether you have a chance of proving harassment. Fortunately, most forms of sexual harassment are not as extreme as that, at least in the early stages. Begin compiling information on the situation in your workplace.
- Keep a record of complaints you have made to HR or written communications in which you have asked the harasser to stop, as well as any responses you received.
- Keep a log of all the incidents that have made you uncomfortable. If others were present, ask them about their willingness to act as witnesses.
- If you receive any suggestive or obscene messages, images, or other content from your harasser, save them as evidence.
- If a manager or supervisor is harassing you and they retaliate based on your refusal to entertain their advances, record the chain of events.
- If you know of former employees who were subjected to or witnessed harassment, contact them. Because they are no longer working for the company, they may be more willing to give an account of incidents supporting your account than your current colleagues are.
Consult a lawyer as soon as you recognize you are being victimized. They can advise you on how to prove workplace sexual harassment and the steps to take. If your workplace fails to take you seriously or hopes to fob you off, they will know when to take legal action and will represent you throughout.
US Workplace Sexual Harassment Facts and Figures
According to the National Sexual Violence Resource Center, 38% of women and 14% of men have experienced sexual harassment at work. These figures may be unrealistically low. 85% will not report the matter to the authorities, and 70% are unwilling to draw attention to themselves by reporting to HR.
Sexual conduct is not appropriate in the workplace, but both men and women can fall victim to unwanted sexual advances or attempts to humiliate them through sexually-charged conduct. Sometimes, people lose their jobs, either because they are afraid and leave, or because they are dismissed.
Those who refuse to remain silent are true heroes. Taking a stand against sexual harassment not only means they can be compensated for their trauma, but also brings home the message that workplace sexual harassment should not occur or be tolerated.