Sexual harassment may occur in many different situations and under many different circumstances, including at work. Federal laws as well as the Equal Employment Opportunity Commission (EEOC) categorize sexual harassment as a type of sex discrimination.
Below is a list of recommended types of evidence and documents to have ready to upload for your case:
- Detailed & Comprehensive Timeline of Events
- HR Correspondence
- Police Report
- Photographic Evidence
- Case Documents: Copy of EEOC Request, Notice of Deposition, Letter of Resignation, etc.
There are numerous other different types of evidence that an individual may be able to present in court to show that they were a victim or to show that they are an innocent defendant, including:
- Character witnesses – These are individuals who can testify regarding the defendant’s character.
- Video evidence – If there is any video evidence, it may be able to be used in court. This may be either video evidence of the harassment or video showing the defendant was somewhere else at the time.
- A log of incidents that occurred – This will be helpful in court, as it may be difficult to remember details at a later date if the victim does not write them down.
An attorney is best equipped to know the best types of evidence in civil cases as well as criminal cases. Although sexual harassment is often a civil matter, it may also be a criminal charge if it is severe enough to violate criminal laws.
How Will This Evidence Make My Sexual Harassment Case Stronger?
Sexual harassment arises when one individual makes unwelcome sexual advances or requests for sexual favors or if an individual makes verbal remarks or directs physical actions of a sexual nature towards another individual. Conduct of this nature is considered grounds for a civil claim of discrimination.
It is important to note that some sexual harassment situations may also rise to the level of a crime, such as those involving sexual assault, assault, stalking, or rape. All of the evidence listed above can either be used to demonstrate that sexual harassment was, in fact, occurring and that the defendant commonly engaged in such conduct.
In the alternative, the evidence listed above may also be used to show that the defendant was in a different location at the time of the alleged harassment or allow the defendant to show that there was two-way communication or consent regarding the conduct. For example, many employers now have cameras installed in the employee common work areas.
Video from these cameras may be able to show either when the harassment was occurring or that the defendant was not in the room at the time the plaintiff claimed the harassment occurred. The more direct evidence an individual has to support their claims, the stronger their case will be.
Types of Sexual Harassment
There are two main categories of sexual harassment claims under federal law, quid pro quo sexual harassment and hostile work environment sexual harassment. Both of these types of harassment may be experienced by an individual of any gender.
In addition, both the perpetrator and the victim may be of the same gender or they may be of different genders. It is important to note that not every instance of unwelcome conduct will constitute sexual harassment.
Sexual harassment occurs in the workplace when it interferes with the victim being able to perform their job duties. It also arises when the unwelcome conduct creates a work environment that is offensive, intimidating, or hostile.
It may also occur when promotions are made contingent upon submission to sexual requests or advances. Sexual harassment also occurs when an employee is subject to a negative personnel decision, such as a demotion or termination of their employment because they do not submit to advances or requests.
Sexual harassment may come in the form of jokes, innuendo, unwanted touching or gestures, or insulting or degrading references to an individual made on the basis of their gender. If a plaintiff can produce video or written evidence of these occurrences, their case will be stronger.
How to File Evidence in Court for a Sexual Harassment Case
Sexual harassment, especially in the workplace, can be extremely stressful. It is essential to have the help of a trained lawyer who can put together evidence to support a sexual harassment case.
In certain states, before an individual is allowed to file a lawsuit in civil court for sexual harassment, they are required to file a complaint with a government agency first. This may include a state agency or the federal EEOC.
There are some states that allow an individual to file a claim with both agencies at the same time. The agency or agencies will investigate the complaint and determine whether or not harassment occurred.
A lawyer can help a victim with this process by advising them the best evidence to present and how to do so to make a strong argument for their case. If the EEOC does not pursue a claim on behalf of the victim, they will provide them a Right to Sue letter, which allows them to file a lawsuit within 90 days.
It is essential for an individual to have a lawyer throughout this process, as it may be intimidating and overwhelming. A lawyer can ensure the individual meets all of the required deadlines and presents the most effective evidence in their claim.
What If This Is Not Accepted by the Courts as Evidence?
In certain situations, pieces of evidence may be excluded from court as evidence. Evidence may be excluded by a court for a variety of reasons.
In civil cases, after a process called discovery, one side may file a motion with the court requesting that evidence be excluded. An attorney is best equipped to handle this as well as any other evidentiary issues, as there are many rules that govern the admission of evidence in court.
An attorney will be prepared to argue against requests to exclude evidence. In addition, an attorney will prepare multiple types of evidence to support their claim, when available, so that, in the event that one piece is excluded, the case will continue on as planned.
How Can a Lawyer Help Me With My Evidence?
If you have been the victim of sexual harassment in your workplace, it is important to consult with a sexual harassment lawyer as soon as possible. There are several deadlines for filing claims with the EEOC as well as for filing a civil lawsuit.
Your lawyer can help you file your claim with the EEOC or other state agency, help you file a lawsuit in court and build a case on your behalf that will terminate the unlawful behavior and provide you with compensation.
