Can I file a sexual harassment claim even if there were no witnesses?
Yes, it may be possible to prove sexual harassment even if nobody saw it occur. Many incidents of sexual harassment take place behind closed doors. For example, the harassment may occur as a form of quid pro quo in which an employee is asked for a sexual favor in exchange for a promotion. In such situations, there are likely to be no other witnesses.
While having a witness can strengthen a claim, other forms of evidence can build a credible case. A successful sexual harassment claim depends on whether the proper steps were followed.
If you have experienced sexual harassment in the workplace, be sure to document everything. Keep a journal detailing what happened, including who was present, the time, location and what exactly took place. Hold on to all records, including written complaints you file with your employer.
Find out about your company’s procedure for filing a complaint and follow those steps. You may be required to report the sexual harassment to your human resources department or your supervisor. Your employer should then investigate your claim. Remember, California law provides employees with protection from retaliation for coming forward with a claim about workplace sexual harassment.
Following your company’s policies and processes will ensure your employer was notified about the sexual harassment and had the opportunity to resolve the issue. It will also show that you took the initiative to do everything you could as soon as the harassment occurred.
You may have grounds for a successful sexual harassment claim even without witnesses. Employees can and do win such cases in California. Contact the knowledgeable sexual harassment lawyers at Erlich Law Firm to learn more.
Other Sexual Harassment FAQs:
- Can I file a sexual harassment claim against my employer if I was harassed outside of the workplace?
- Can I file a sexual harassment claim even if there were no witnesses?
- Can my employer fire me if I complain about sexual harassment?
- Can my employer retaliate against me for filing a sexual harassment claim?
- Can sexual harassment victims stay anonymous?
- Does online harassment count as sexual harassment?
- Does physical touching need to be involved for conduct to be considered sexual harassment?
- Does verbal harassment count as sexual harassment?
- How can a lawyer help me with my sexual harassment claim?
- How long do I have to file a sexual harassment claim?
- I was sexually harassed at work do I need an attorney?
- What evidence do you need to prove sexual harassment at work?
- What happens if you are laid off after being sexually harassed?
- What is sexual harassment at work?
- What is sexual harassment in the workplace?
- What should I do if I was sexually harassed at work?
- What should I do to protect my legal rights if I have been sexually harassed at work?
- What types of sexual harassment can occur in California workplaces?
- Who do I tell if I feel that I am being sexually harassed at work?
- Who is liable for sexual harassment in the workplace?
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