Documentation Requirements for Sexual Harassment Cases

Special Evidence Considerations for Sexual Harassment

Contemporaneous Documentation: Sexual harassment cases often rely heavily on timing and pattern evidence: - Document incidents immediately after they occur - Note your immediate emotional and physical reactions - Record exactly when you communicated that behavior was unwelcome - Document any escalation following your objections - Keep detailed records of how harassment affects work performance Comparative Evidence: Show how harassment creates differential treatment: - Document how harasser treats other employees differently - Note whether harassment is directed at specific genders - Record patterns in who receives promotions, opportunities, or benefits - Document whether harassment affects your access to workplace benefits - Compare your treatment before and after harassment began Credibility Evidence: Sexual harassment cases often become credibility contests: - Maintain detailed, consistent records of all incidents - Avoid exaggeration or emotional language in documentation - Keep evidence of your professional competence and character - Document any attempts by harasser to discredit you - Preserve evidence of your reasonable response to harassment

Medical and Psychological Impact Documentation

Healthcare Records: Sexual harassment can cause significant health impacts: - Document stress-related physical symptoms (headaches, digestive issues, sleep problems) - Seek treatment for anxiety, depression, or PTSD related to harassment - Request healthcare providers document connection between harassment and symptoms - Keep records of medications prescribed for harassment-related conditions - Document impact on personal relationships and social functioning Workplace Performance Impact: Show how harassment interferes with work: - Document changes in work quality or productivity - Note increased absences or tardiness related to harassment - Record inability to concentrate or make decisions effectively - Document missed opportunities due to harassment - Show impact on professional relationships and networking Personal Life Impact: Sexual harassment affects life beyond work: - Document changes in sleep patterns, appetite, or social activities - Note impact on family relationships and personal friendships - Record any changes in personal behavior or lifestyle - Document financial impact of harassment (medical bills, missed opportunities) - Show overall diminishment in quality of life