Sexual harassment victims often wonder how they can prove what happened to them. Texts and direct messages (DMs) can be very useful for establishing harassment and obtaining justice. They create a record of what was said and when it was said, and they can show the frequency and nature of the harassment. You can even use texts and DMs to prove harassment if some of the crude behavior went both ways.
It’s not always easy to prove sexual harassment. Messages sent by a harasser can:
- Show a repeated pattern of unwanted contact
- Include inappropriate photos or graphics, jokes, comments, or suggestions
- Prove the time and frequency of the conduct
- Reveal an abuse of power or pressure to comply
- Demonstrate retaliation
In many sexual harassment claims, a person may say things over text that they would not say out loud. A victim’s responses can also show that the conduct was unwelcome.
There can also still be sexual harassment when the victim and the harasser are friends outside of work, or even if the victim sent some crude messages of their own. In fact, one of the biggest verdicts in California history involved an employee and a supervisor who were friends outside of work, and text messages and other digital evidence played a big role in winning the case for the employee.
In 2022, two employees sued Southern California Edison for sexual harassment and retaliation, resulting in a $464 million jury verdict. One of the victims claimed he was sexually harassed by a male supervisor after he received inappropriate text messages and images from the supervisor. The victim had also sent some graphic texts to the supervisor, and there were many friendly texts between the two. The company tried to argue that these back-and-forth texts showed a mutual, friendly relationship outside of work and were not harassment.
In the end, the jury found the supervisor’s overall conduct created a hostile environment and that Southern California Edison failed to respond appropriately. This illustrates how you can still use texts and DMs to prove your case, even if you participated in some of the crude behavior, or even if only a very small portion of the messages you received were inappropriate.
Saving Texts and DMs as Evidence of Sexual Harassment
To support your claim, you should preserve messages carefully. Screenshots should include:
- The full message
- The name or phone number of the sender
- The date and time the message was sent
- Save all voice memos within the text
Avoid cropping messages or editing them in any way. This can raise questions about authenticity. If possible, export the full conversation from your messaging app and save it. This is the best way to make sure you saved everything in the conversation. You should also keep all other messages from the same person, even if they seem unrelated.
Do not delete texts or DMs after reporting harassment. They may be needed during an internal investigation or later legal proceedings. If you are concerned about privacy, speak with an employment attorney who can help manage the evidence while protecting your rights.
Using Text Messages When You Report Harassment
Texts and DMs can support an internal report to your employer. Under California law, employers must investigate harassment complaints. Providing message evidence can establish the seriousness of your claim and lead to a thorough internal investigation. It shows the employer that the complaint is specific, documented, and credible.
If the employer fails to act, messages can also support a formal complaint to the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC), which is the next step after you report harassment to your employer. These agencies handle sexual harassment complaints. They review the evidence and may offer mediation or issue a right-to-sue letter. Once you have this letter, you may file a lawsuit.
If a lawsuit is filed, digital messages can be introduced as evidence. They can help show that the harassment happened and that the employer failed to stop it. This can strengthen your claim for damages, including emotional distress, lost wages, and other harm caused by the harassment.
Common Types of Harassing Messages
Many kinds of messages can support a harassment claim. These include:
- Repeated compliments on appearance that feel intrusive
- Comments with sexual innuendos or explicit language
- Requests for dates, personal meetings, or favors
- Late-night messages that suggest a personal interest
- Use of emojis or images that are sexual or degrading
- Responses that show hostility or blame when the messages are ignored
- Explicit photos or graphics
The tone and context of texts and DMs are important. A single message might appear more harmful when viewed with other messages over time, revealing pressure or coercion. Even humorous messages can support a claim if they involve unwanted sexual jokes or teasing.
Sometimes the messages are part of a larger pattern. For example, if a manager sends inappropriate messages and then reduces the employee’s hours or excludes them from meetings after being ignored, this can suggest retaliation. California law prohibits retaliation against employees who report or resist harassment.
Legal Protections for Sexual Harassment Victims
All employees in California have the right to a workplace free from sexual harassment. This includes harassment through text, email, chat, or any digital means. The law applies to full-time, part-time, temporary, and contract workers. It also protects interns and volunteers.
Employers are required to take reasonable steps to prevent harassment. This includes having a clear anti-harassment policy, training employees and managers, and responding promptly to complaints. If an employer fails to take action, they may be held liable.
Victims are also protected from retaliation. This means your employer cannot punish you for reporting harassment, participating in an investigation, or supporting another employee’s claim. Retaliation can include firing, demotion, a pay cut, or other negative actions. If this happens, it can be part of your legal claim.
Taking Action
If you are receiving unwanted texts or DMs from a coworker, supervisor, or client:
- Do not delete the messages
- Keep a timeline of what happened and when
- Report the conduct to HR or a manager
- Contact a California sexual harassment lawyer
An experienced lawyer can help you understand your rights, preserve your evidence, and prepare your claim. You do not need to wait until the harassment becomes extreme. Early action can help protect your job and your well-being.
Moving Forward with Legal Support
At Yoosefian Law Firm, P.C., we help employees who are dealing with workplace harassment. We understand that it is not always easy to come forward. We treat every case with care, and we take time to review the facts and guide you through the legal process. We can represent in complaints to the CRD and EEOC, and in lawsuits when needed.
If you are receiving inappropriate messages at work, take the first step and call us today at 818.275.1529 or use our contact us here.