Armstrong & Associates Employment Law Firm

What evidence does it take to win a sexual harassment claim?

Most often, sexual harassment occurs when only two people are present – the victim and the alleged harasser. That can sometimes make a case seem like it’s just one party’s word against another — but there may be more evidence available than you think

Here is how you prove sexual harassment in the workplace:

Communications between the victim and the offender

As a starting point, it is important that you save all communications between you and the alleged offender. These can be in the form of emails, voice mails, and text messages. Even if the written communication does not appear blatant, it may still be relevant to your sexual harassment case. 

Witnesses to the harassment

A witness statement is another important form of evidence you may produce during your sexual harassment case. Be sure to write down any witnesses who might have seen or heard any aspect of sexual harassment against you. Please note that a witness does not have to see or hear everything to support your case. 

Contemporaneous notes

It is important that you keep a journal of the harassment. Properly kept contemporaneous notes can make for compelling evidence during your sexual harassment lawsuit. While handwritten notes are fine, it is advisable that you keep an electronic record too. In your journal, be sure to keep a record of the exact harassment. What the offender said or did, when and where the harassment happened as well as any witnesses to the harassment. And if you reported the incident to your employer, be sure to indicate the date and time you filed the complaint. 

Everyone deserves a safe and conducive workplace. If you have been sexually harassed at work, it is important that you know how to prove your case in court.


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