The US Equal Employment Opportunity Commission (EEOC) recommends that all employers have a strong policy prohibiting sexual harassment. An employer that has a written policy and takes steps to make sure the policy is followed may be able to show that it exercised reasonable care to prevent sexual harassment. An employer that does not follow its own procedures for preventing or investigating sexual harassment may not be able to use this defense. An attorney can advise you on compliance issues in your workplace.
San Francisco Sexual Harassment Lawsuit Attorney
California and federal law make it clear: There is no place for sexual harassment in the workplace. You don't have to tolerate unwanted touching, in appropriate comments, lewd behavior or unwelcome sexual jokes. Sexual harassment is real and so are the laws that protect employees on the job or after work.
We invite you to learn more about sexual harassment laws on this page. Contact us at The Armstrong Law Firm in San Francisco to schedule a free consultation with our California employment law attorneys. Our lawyers represent employees who suffer sexual harassment and discrimination at businesses throughout the San Francisco Bay Area and California.
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Sexual harassment comes in many forms. It can be as subtle as distasteful comments or as open as retaliating against you for reporting discrimination.
Keeping a Sexual Harassment Log
Sexual harassment in the workplace typically consists of numerous incidents. An accurate and detailed written log, or diary, of the incidents will help prove your claim of sexual harassment by providing evidence of what took place and when. An attorney from The Armstrong Law Firm in San Francisco, with experience in handling sexual harassment claims, can tell you what type of evidence you need in order to bring a sexual harassment claim in California.
When to Record an Incident
It is best to record an incident as soon as you believe you have experienced sexual harassment. Even if you have no intention of bringing a claim, or even if you aren't sure whether something constitutes harassment, it is important to record it. Sexual harassment cases often start with one or two isolated remarks or incidents. You will want to be able to show the timeline and evolution of the harassment. It is also important that you write down what happened while your recollection is still fresh and accurate.
What to Write
It is better to write too much rather than not enough. You may not be able to tell now whether something will be important. You should record:
- Offensive conversations or remarks
- Sexual contact or touching
- Sexual incidents in the workplace
- E-mails or memos you have received (place hard copies in your log, if possible)
- Complaints you have made: when, to whom, what you said and the response
Your log should include the names and titles of the people involved, as well as the dates and times of the incidents or conversations. Do not be afraid to record your own emotional reaction, even if no one else saw it. Your reactions and feelings could be an important part of your case.
You should also include copies of the performance evaluations you receive from your employer. Later, if your employer attempts to retaliate against you for filing a sexual harassment action, the employer may try to justify not giving you a raise or promotion because of your work record. It is important to know just what your history is so that you can rebut such a claim.
If you are seeing a physician, a psychologist or another professional because of the stress of the harassment, be sure to document all of your visits. Note whether the doctor made a diagnosis, gave any advice or prescribed any medications.
Be detailed in your recordkeeping. Remember that another person eventually may read your log, and you want to make everything clear for someone who was not there to see or hear what happened.
Other Evidence
You may not be the only one with a complaint. If you can, find out if other employees have noticed or complained about the same type of harassment. You may be able to find additional evidence that will bolster your claim. Talking to other employees whom you trust may also help to combat feelings of isolation and to establish that you found the conduct offensive at the time it happened.
Conclusion
Even though it may be upsetting to keep a sexual harassment log, recording incidents as they happen is often the best way of getting the proof you need to make an effective claim. An attorney from The Armstrong Law Firm in San Francisco, California, who is knowledgeable in the area of sexual harassment law can help you record strong evidence.
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