If you have experienced any form of sexual harassment in the workplace and you do not know of anyone who has seen what has happened to you, you may wonder how to prove sexual harassment without witnesses in California. Proving sexual harassment can be challenging in some cases, especially because of a lack of witnesses, but this does not mean your situation is hopeless.
How to Build Your Sexual Harassment Claim
Witness testimony can be crucial to any sexual harassment claim. If anyone at your work saw you experience sexual harassment, their testimony could be invaluable. Similarly, if anyone else in your workplace experienced similar mistreatment, their testimony may also support your claim. It’s also possible for witnesses to report changes in your demeanor and behavior after you have experienced sexual harassment.
Unfortunately, individuals who knowingly engage in sexual harassment at work typically take steps to conceal their actions and minimize the chance of witnesses seeing what they are doing. If this applies to your situation, you may understandably worry that your case will boil down to your word against your harasser and that trying to file a claim would be pointless. This is untrue, and you should consult an attorney you trust as quickly as possible.
Your attorney can point out different types of evidence that could be valuable to your claim, even if there are no witnesses you know of who could testify for you. One of the most important things to do if you experience any form of sexual harassment at work is to document the harassment. Make notes of the date and time as well as clear descriptions of what happened to you.
It is also vital to know how to report sexual harassment. Every company in the state is required to have an anti-harassment policy in place, and an employer must also have some type of internal conflict resolution process for handling these cases. If they do not, they face severe legal consequences. Remember that even if you report an incident internally and do not achieve any positive results, simply making a report can be valuable to future legal efforts.
Resolving a Sexual Harassment Claim
While it’s vital to know how to prove sexual harassment without witnesses, you also need to know what to expect when it comes to filing your claim to the Equal Employment Opportunity Commission (EEOC). Before you can proceed with a direct suit against your employer and/or harasser, you will need to submit a claim to the EEOC explaining what has happened to you, and you will need to submit all supporting evidence you can find.
An experienced sexual harassment lawyer can help gather the evidence you will need to bolster your claim, prepare you for any potential interactions with the EEOC’s investigators, and help determine the full extent of the compensation you could potentially secure from the defendant if you are granted approval to proceed with your civil claim. While it is difficult to prove sexual harassment without witnesses, it is not impossible, and an attorney can help.
FAQs
Q: What Evidence Can I Use to Prove Sexual Harassment Without Witnesses?
A: The evidence you could use to prove sexual harassment without witnesses may include documented incidents of harassment that you have recorded over time, copies of emails, text messages, and voicemails, and reporting the harassment internally. Even if your internal report does not yield positive results, the record of your filing the report could be valuable later for the purposes of an EEOC claim and further legal action.
Q: What Is the Time Limit for an EEOC Claim for Sexual Harassment?
A: The time limit for filing an EEOC claim for sexual harassment is 180 days following the most recent incident of harassment you experienced. It is vital that you carefully document any incidents of harassment you experience so you can establish a firm timeline of the events you wish to bring to the EEOC’s attention. An experienced lawyer can help build a solid case and resolve any issues you encounter with the EEOC investigator assigned to your case.
Q: What Is the Burden of Proof in a Workplace Sexual Harassment Case?
A: The burden of proof in a workplace sexual harassment case is a preponderance of the evidence. This burden of proof requires the plaintiff to leverage evidence and witness testimony that shows the harassment more likely occurred than not. This is a lower standard of proof than beyond a reasonable doubt, but it can still be more challenging to meet this burden of proof than you may realize.
Q: What Damages Can I Claim in a Sexual Harassment Case?
A: The damages you can claim in a sexual harassment case may be compensatory or punitive in nature. Compensatory damages aim to repay losses, such as lost wages, lost benefits, and other tangible harm caused by the incident. Punitive damages are meant to penalize the defendant for their actions. It is also possible for the plaintiff in a sexual harassment suit to seek compensation for their pain and suffering.
Q: Why Should I Hire a Sexual Harassment Lawyer?
A: You should hire a sexual harassment lawyer because you are substantially more likely to succeed with your case if you have legal representation on your side. They will know how to prove sexual harassment without witnesses, and they will also be able to guide you through the EEOC claim filing process, determine all the various forms of compensation you could recover, and prepare you for all other proceedings following your claim.
The team at the Diefer Law Group has successfully helped many past clients with all types of workplace sexual harassment claims, and we know how inherently difficult many of these cases are to prove. Whatever your situation entails, trust our team to help determine how to prove sexual harassment without witnesses in California, so contact us today and schedule a free consultation with our team to learn more about how we can help.
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