What types of evidence will the EEOC look at to determine whether sexual harassment has occurred?
When investigating allegations of sexual harassment, EEOC will look at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. The EEOC recognizes that sexual conduct may be private and unacknowledged, with no eyewitnesses. Corroborative evidence of any nature will be explored. EEOC also will investigate whether any complaints or protests occurred. However, while a complaint or protest is helpful to a charging party’s case, it is not a necessary element of the claim. Victims may fear repercussions from complaining about the harassment and such fear may explain a delay in opposing the conduct. If the victim failed to complain or delayed in complaining, the investigation must ascertain why. If I file a discrimination charge, what types of relief are available? If you have been discriminated against on the basis of sex, you are entitled to a remedy that will place you in the position you would have been in if
