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Formisano & Company Attorneys At Law

Passionate About Protecting Employee Rights

Obtaining Evidence to Prove Sexual Harassment in the Workplace

On Behalf of Formisano & Company | Jul 2, 2024 | Sexual Harassment

Sexual harassment in the workplace is a real issue where laws exist to protect the victim. Stories of sexual harassment are heard all over the country and can wreak havoc on victims. 

One form of sexual harassment involves a boss or supervisor taking advantage of his or her position and making sexual advances on a co-worker or employee. Often, sexual advances become frequent and end up affecting the employee’s work environment or potential growth – for example, by resulting in the termination of a contract or blocking their career path. 

Sexual harassment includes unwanted verbal and physical contact. For example, if a colleague of an employee touches, kisses, makes sexual propositions, or sends inappropriate messages without consent, it is sexual harassment. 

The stories of abuse in the workplace are overwhelming. It can impact the employee and his or her family in devastating ways, leading to trauma.

But is there any way to obtain evidence in harassment cases? How can an employee prove harassment? What evidence can be helpful in a trial? 

How to Prove Sexual Harassment?

Proving sexual harassment often involves several types of evidence. One of the most challenging decisions for the victims is deciding which evidence to keep and how to use it to document the claim.  

Any information or details can be helpful during a trial. For example, the victim can present:  

  • Emails 
  • Videos 
  • Text messages 
  • Witnesses 
  • Voicemails 
  • Screenshots and inappropriate images 
  • Human resources complaints 

Employees should register every harassment incident, recording the date, time, place, and details. They should also look for witnesses to support their claims. In Rhode Island, it is legal to record conversations to demonstrate sexual harassment. 

Do You Need a Lawyer? 

The victims are usually emotionally affected and are sometimes worried about losing their jobs. It is a difficult decision to report sexual harassment. It can help to obtain professional advice. 

A lawyer in Rhode Island with experience in sexual harassment trials can help the victim gather evidence. Remember that proving sexual harassment can be a challenge. It’s much easier when the victim has a team of professionals to support them in the quest for justice.

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