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How to gather evidence of workplace sexual harassment

On Behalf of | Nov 8, 2024 | Employment

Almost 40% of men and women report experiencing sexual harassment in the workplace. Unfortunately, only a fraction of this number find fair resolutions. The main roadblock to justice? Having concrete evidence.

Sexual harassment can be so hard to prove because it can happen in an instant and without warning. Furthermore, culprits can make all sorts of claims to dispute the complaint, and it can quickly turn into a word-against-word situation.

Nevertheless, there are still ways to prove workplace harassment. Here’s what you can do.

Write each incident down

The best place to start is to write each incident down. Be as thorough and detailed as you can. Include:

  • The date and time of the incident
  • The place of the incident
  • Other people present

Write down the specifics of the harassment, such as the words or actions taken by the harasser. This way, you can establish a timeline and show a pattern of harassment.

You might also want to report the incidents to your manager, HR department, state employment agencies and the Equal Employment Opportunity Commission to create formal records.

Gather evidence of the harassment

Kentucky is a one-party recording state, which means you don’t have to ask permission from the other person to record a conversation as long as you are part of it. You can record comments from your harasser and save voicemails with inappropriate messages.

You can also save or take pictures of notes, emails and chat messages that made you feel harassed.

Look for witnesses

Some of your coworkers may have noticed the harassment and be willing to testify for you. The people you report the harassment to, such as your boss or HR person, can also help you build a stronger case.

Sexual harassment should never be tolerated. Even if you feel like you do not have enough evidence, an experienced legal team can help protect your rights and hold the harasser accountable.

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