Sexual harassment is defined as any unwanted sexual advance or behavior on the job that produces an uncomfortable, unfriendly, or humiliating working atmosphere. In the actual world, workplace sexual harassment can take many forms, ranging from repetitive offensive or demeaning remarks to a workplace full of inappropriate pornography (producing a toxic work environment) to blatant sexual assault.
Though men bullying women is the most common kind of sexual harassment, it can happen to men and women, gay and straight — in other words, sexual harassment is a crime that affects both men and women.
Luckily, workers are protected from sexual harassment on the job by state and federal laws, which are the same laws that protect them from gender discrimination. Harassment is illegal in the United States under Title VII of the Civil Rights Act. Furthermore, most states have their own laws prohibiting sexual harassment in the workplace, many of which are stricter than federal law.
Things to Do to Protect Yourself from Sexual Harassment
You can protect yourself from sexual harassment at work by doing a number of things.
- Stop the Harassment by Asking the Perpetrator to Stop
You might begin by asking the harasser to stop doing this. While it may be tough for you to confront the harasser, it is typically the most efficient strategy to deal with harassment. If the harassment hasn’t progressed beyond off-color remarks, improper remarks about your looks, or tacky cartoons displayed on the office refrigerator, you’re more likely to succeed by just asking the harasser to stop.
It’s critical to state unequivocally that you want the harassing conduct to cease, as this communicates to the harasser that the behavior is unacceptable. It’s also an important first step if you want to take more official action against the harasser later.
If the harasser rejects your verbal demands to stop, or if you feel uncomfortable speaking with the harasser face to face, send a concise letter explaining that the behavior irritates you and that it must stop. Don’t forget to make a copy of everything.
If you’re worried about your safety or think the harasser will become more hostile if challenged, report it to a supervisor instead.
- Inform Your Supervisor of the Sexual Harassment You Experienced
If addressing the harasser does not stop the harassment, you should file a formal grievance with your employer. Look at your company’s employee handbook, personnel policy, or manual for more information. Is there a policy against sexual harassment or complaints? If that’s the case, stick with it. If not, talk to your boss or a human resources or personnel department employee about how to file a sexual harassment complaint.
Although filing a complaint at work can be challenging, and you may choose to let go, But listen, don’t stop. Employees who neglect to use their employer’s internal complaints process to notify the company about sexual harassment and give businesses a chance to stop it may not be able to hold the firm accountable in a lawsuit. This implies that if you don’t file a complaint within the corporation first, you’re more likely to lose in court.
No matter what, you should notify your company about the harassment, even if they don’t have a formal complaint procedure. A complaint can be made to the human resources department, you can tell your supervisor (or his or her supervisor) about the problem, or you can notify the company’s executive.
- Do Not Forget to Document Your Claims
If you ever have to make your case to a workplace inquiry, a government agency, or a jury, it’s critical to record what’s happening to you and what you’re doing to attempt to stop it.
Begin by gathering as much information as possible about the harassment. Any abusive letters, photos, cards, or notes you receive should be saved. If you’ve been made uncomfortable at work because of jokes, pin-ups, or cartoons, take them away or at least make copies.
You are free to take down and keep an anonymous, offensive photo or joke put on a bulletin board because it is not someone’s personal property. If that isn’t possible, photograph the walls of your workplace. Take note of the dates the objectionable information was posted, as well as any unpleasant replies you received when you removed it or urged someone else to do so.
Also, maintain a full log of any harassment situations. Also include names of all those involved, as well as what unfolded and when it occurred. If anyone else witnessed or noticed the harassment, make a note of it. As much as possible, be precise about what was said and performed, and how it impacted you, your health, or your work performance. Keep your journal and notes at home or in a secure location away from the office.
Make a copy of your performance assessments and other critical personnel records. Prior to actually reporting about a harassing coworker, you should request a copy of your whole personnel file.
If your company retaliates against you for reporting, which is also illegal, your records can be extremely powerful evidence.
- Be sure to Contact Government Agencies Before you File a Lawsuit
If reporting to your boss doesn’t work, you can turn to the federal agency that implements Title VII, the United States Equal Employment Opportunity Commission, or your state’s fair employment office. You can pursue a civil case for compensation under Title VII or your state’s fair employment practices statute if investigative and negotiation attempts fail to generate satisfactory results.
Even if you want to launch a lawsuit from the start, you may need to make a claim with a government body first. A worker making a claim under federal law, for example, must first submit a suit with the Equal Employment Opportunity Commission (EEOC), and state laws also require a similar complaint procedure.
It is possible that the EEOC or state agency will decide to prosecute your case on your behalf, but this is extremely rare. Most often, you will receive a letter from the agency granting you the right to sue, which allows you to bring your case, if appropriate, to court by yourself or with the help of a Workplace Lawyer from Siman Law Firm.