Many cases of sexual harassment break down to a he-said, she-said scenario. There is no objective proof of actual misconduct, so the person enduring harassment feels like they cannot report the matter to management or take legal action. To prove what they have experienced, they must first gather evidence.
What types of documentation can help professionals prove that they have experienced a hostile work environment or quid pro quo sexual harassment?
Every situation requires a unique solution
Sexual harassment can look vastly different from one case to the next. Factors, including the dynamic between the parties involved and the nature of the business, may influence the best way of documenting sexual harassment.
State recording laws make it possible for employees to use mobile phones or other devices to record conversations and interactions without notifying the other party. However, in some scenarios, doing so could violate privacy rights or company policies, such as when a nurse chooses to record in a hospital setting.
Keeping a journal that outlines each incident in detail, including the time, date, location and exactly what happened, could help corroborate allegations. Communicating with nearby witnesses, such as people who saw a manager bring a worker into a supply room, could also help generate evidence. Those people could serve as witnesses later during an internal investigation or lawsuit. Making copies of emails or taking photographs of obnoxious images and messages could also serve as evidence.
Employees attempting to fight back against sexual harassment may need help as they start documenting their experiences. Consulting with an attorney can help people collect the evidence they need to prove that misconduct has occurred.