Experiencing sexual harassment at work is isolating. The most immediate and frightening question victims face is often, “How can I prove this is happening?” The fear that it’s just your word against theirs is a powerful barrier, but it’s one you can overcome. Florida law allows you to build a compelling case using several types of evidence.
Creating a detailed record of misconduct is the first, most critical step.
Direct and Corroborating Evidence
While every situation is different, strong sexual harassment claims are built from a combination of direct proof and supporting facts. Your goal is to create a comprehensive picture of the conduct and its impact.
- Your Personal Log: This is the cornerstone of your case. Keep a detailed, private journal of every incident. For each entry, record the date, time, and location. Write down exactly what was said or done, who was present, and how it made you feel. This consistent, contemporaneous record is powerful.
- Digital Communications: Save everything. Emails, text messages, voicemails, and social media messages can serve as undeniable proof. Even messages that aren’t explicitly sexual can establish a pattern of unwanted attention or a hostile environment.
- Witness Testimony: Statements from coworkers who saw the harassment or experienced it themselves can significantly strengthen your claim. Their accounts provide independent verification of the toxic work environment.
- Company Records: Sometimes, the best evidence comes from the employer. Your personnel file, performance reviews that suddenly turned negative, or records of complaints you made to HR all serve as vital proof. This documentation can show that the employer was aware of the problem.
Protecting Your Rights
Gathering evidence is only the first step. You must take specific actions to protect yourself and hold the responsible parties accountable.
- Report the Conduct Internally. Follow the procedure in your employee handbook to file a formal, written complaint with Human Resources. This puts the company on official notice and creates an indispensable paper trail. Keep a copy of your complaint.
- Do Not Delay. You have strict deadlines to file a formal claim. In Florida, you generally have 300 days to file with the EEOC or 365 days with the FCHR. Missing these deadlines can prevent you from ever seeking justice.
- Consult an Employment Attorney Immediately. Navigating this process alone gives your employer an advantage. An attorney can evaluate your evidence, protect you from illegal retaliation, and ensure every deadline is met.
The Weldon & Rothman Difference
At Weldon & Rothman, P.L., we understand how to build a strong sexual harassment case from the ground up. We know what evidence matters and how to use it to fight for employees who have been wronged. Our attorneys work tirelessly to hold employers accountable for allowing hostile work environments to exist.
You do not have to build this case alone. To schedule a confidential consultation, contact our experienced sexual harassment attorneys today.