Evidence to Prove Sexual Harassment at Work in California

In California, having evidence to support a sexual harassment claim is very important. Sexual harassment is a type of discrimination based on unwelcome sexual conduct.

The Title VII of the Civil Rights Act of 1964 provides that there are two main categories of sexual harassment: quid pro quo and hostile work environment.

Quid Pro Quo

Quid pro quo sexual harassment happens when an individual with a higher rank at a company, such as an executive-level employee or supervisor, requests a lower-ranking employee to perform a sexual favor in exchange for a work benefit, such as a raise or promotion.

The term quid pro quo is a Latin phrase meaning, something for something.

Hostile Work Environment

Hostile work environment sexual harassment arises when an employee is intimidated, scared, or uncomfortable because of unwelcome conduct in the workplace. This type of workplace sexual harassment can happen when one worker makes unwelcome sexual advances or engages in unwelcome sexual conduct towards another worker.

This conduct creates an offensive and uncomfortable atmosphere. With this category of harassment, the workers do not have to have different power levels or rank in the workplace, such as supervisor or manager.

Not every isolated incident or small annoyance will make a workplace rise to the level of hostile work environment sexual harassment. If, however, a worker is facing a situation where they are subjected to offensive and unwelcome conduct that interferes with their ability to complete their job duties, they may have a claim for a hostile work environment against their employer.

Evidence Is Necessary

Regardless of the category of harassment that a worker faces, they will need sexual harassment evidence to support their claim. Without any evidence of sexual harassment, a worker will not be able to win their case because there will be nothing that shows the incident occurred.

There are many different types of evidence that can be used to prove a sexual harassment case. Commonly used examples of evidence include:

• Correspondence or communications, such as emails, text messages, letters, videos, photographs, and other sexually explicit communications
• If the worker cooperated with their harasser, proof that they received work benefits
• Testimony from witnesses, such as other workers
• Copies of any complaints that the worker filed against their employer or other worse, including any steps or responses that were taken
• The personnel files of the harassing worker, as well as communications between that worker and any managers or human resources representatives at the company
• Proof that a worker was demoted or terminated after they refused sexual advances from a supervisor
• Any company documents containing policies prohibiting sexual harassment
• The worker’s personal written accounts of any sexual harassment incidents

If a California worker has any questions about the type of harassment they may be facing and what evidence they need to gather to prove it, it is important to have a lawyer consultation.

What Are the Elements of a Sexual Harassment Claim?

There are several elements that a worker will have to prove to have a successful sexual harassment claim. The specifics that will be required will depend on the type of sexual harassment as well as specific requirements under California law.

As a general rule, a worker will need to show the following:

• The worker is part of a protected class, for example, based on their gender or sex
• The worker suffered unwelcome advances, requests, harassment, or other forms of sexual conduct
• The conduct was so severe or pervasive that it would be considered offensive to a reasonable person
• Depending on the category of sexual harassment:
  • The conduct has to be so severe that one single incident would be categorized as sexual harassment or was so pervasive that the frequency of the conduct would constitute sexual harassment
  • The worker either lost job benefits for refusing to engage in sexual favors or received a job benefit for engaging in a sexual act
  • The harassment went on for such a long time that it interfered with the worker’s job performance or conditions
• The worker can show that an incident happened, their fellow worker or supervisor was responsible, and the worker suffered damages because of the harassment

How Can I Prove a Sexual Harassment Claim Against a Supervisor?

A California worker can prove a sexual harassment claim against a supervisor by providing the proper evidence and having help from a California lawyer. As previously noted, there are two types of sexual harassment claims.

Even though claims of sexual harassment of either type may be filed against a supervisor, it is typically based on the request for a sexual favor from a worker in a lower position in the company. When a worker did not comply with a supervisor’s request, they can file a claim when they were demoted or terminated because of their non-compliance or the worker received less desirable work schedules, job assignments, or job duties.

Sexual harassment can also happen when a worker did comply with the request, such as:

• Receiving better treatment than other similarly situated workers
• Getting a raise, promotion, or both
• More favorable overall duties or work assignments
• Being allowed to transfer between office locations or departments with few or no obstacles

How Can I Prove a Sexual Harassment Claim Against a Co-Worker or Other Individual in California?

In California, a worker can prove their sexual harassment claim agaisnt another worker or individual by showing the following:

• They were a member of a protected class, such as gender or rase
• They suffered unwanted verbal or physical sexual conduct because of their membership in the class
• This unwanted conduct unreasonably interfered with their job performance

When reviewing these cases, courts will review the severity of the conduct, how often it happened, and the context or timing of the conduct. Common examples of sexual conduct that may result in hostile work environment claims include:

• Sexual gestures
• Lewd sexual jokes or comments
• Displaying sexual content
• Asking fellow workers sexually intrusive questions
• Making sexual remarks about a worker’s clothing or looks
• Intentionally exposing themselves to another worker
• Sending, showing, or requesting sexual photos, emails, or other communications

How Can I File a Work Sexual Harassment Claim in California?

In California, a worker can start their sexual harassment claim by using resources within their company. This can include consulting company handbooks and policies to learn about what they should do when they experience sexual harassment.

It is important to gather evidence of the harassment, as discussed above. The worker can speak directly to their alleged harasser, telling them the behavior is inappropriate or created an uncomfortable work environment.

The worker should report any sexual harassment to their supervisor or a human resources manager. It is important to keep copies of any reports, follow-up responses, and the outcome of their claim.

When the internal reporting process does not resolve a worker’s issue, they can file a claim with the Equal Employment Opportunity Commission (EEOC) office. A California lawyer can help a worker file their EEOC claim, explain the process, and explain what happens when this investigation does not resolve their issue.

The EEOC may provide a Right to Sue letter, allowing the worker to file a complaint in civil court. It is essential to have legal assistance at this point, as these claims can be challenging to prove.

Do I Need To Hire a Lawyer if I Have a Workplace Sexual Harassment Claim in California?

If you have any type of workplace sexual harassment issue in California, it is essential to reach out to a California sexual harassment lawyer. Your attorney can guide you through the entire process, from your internal complaint to the EEOC to a court of law.

You can use LegalMatch at no charge to find a sexual harassment attorney in your area of California who can get started helping you today. Simply submit the details of your issue and, within around a day, you will get responses from member attorneys who are ready to help resolve your workplace harassment issue.