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What to Do If My Boss Is Sexually Harassing Me

Posted by Eric Kingsley | Oct 10, 2024 | 0 Comments

Boss sexually harassing employee

It's an awful feeling: being unsafe and disrespected in your own workplace. This feeling can worsen when the source of that discomfort is your boss. Unfortunately, many employees face this. A significant number report witnessing or experiencing bullying, harassment, and other misconduct on the job. What to do if my boss is sexually harassing me? This guide will help you understand your options and find a way forward.

First, you should know that sexual harassment from a boss can look like many things. Unwanted touching, sexual comments and jokes, and demands for sexual favors are the most obvious examples. However, it can also be less overt, like pressure for dates, inappropriate comments about your looks, or even sharing sexual materials around the office. If your boss's behavior makes you feel uncomfortable, intimidated, or threatened because of your sex, it's likely harassment.

Table of Contents:

Why You Should Take Action

Facing this kind of situation can be confusing and frightening. You might feel scared to speak up. Remember, staying silent only protects your harasser. They might feel emboldened to continue their behavior, perhaps even escalate it. Taking action is essential for your own well-being and others who might experience the same treatment. What can be done about it?

Steps to Take if You're Being Sexually Harassed by Your Boss

1. Document Everything

Keep detailed records of every instance of harassment: dates, times, locations, witnesses, what was said or done—everything. Save any text messages, emails, or other materials that can back up your account. Think of this as gathering evidence. Having detailed documentation makes your claims more solid and will be important later if the situation escalates.

2. Check Your Company's Policy

Most workplaces have rules for reporting sexual harassment. Review your company's sexual harassment policy to understand how reporting works within your organization. Your human resources department might have designated individuals to talk to or forms to fill out. Remember, this internal process can be crucial if you decide to take legal action later.

3. Talk to Human Resources

If your company has an HR department, formally report the harassment to them. Use the reporting procedures laid out in your company's policy. Provide copies of your documentation and request that an investigation be launched. The company should investigate the claim and take steps to ensure a safe and respectful working environment for all employees.

4. Consider a Harassment Lawyer

Even after filing a report internally, you may want to talk to an employment lawyer. An employment lawyer specializing in sexual harassment cases can provide advice for your situation. They can walk you through the legal options, clarify your rights, and even represent you if needed. Sometimes, knowing you have professional legal support can be incredibly empowering during stressful times.

5. Filing with a Government Agency

You may need to file a formal complaint with a government agency if your employer doesn't handle the situation adequately, retaliates against you for reporting, or if you prefer to pursue a legal route immediately. This agency could be the U.S. Equal Employment Opportunity Commission (EEOC) or a state equivalent. Filing a claim creates a formal legal record and triggers investigations that protect you and other potential victims. This is important because origin discrimination and national origin discrimination are also against the law.

6. Nonprofit Organizations

If you are concerned about repercussions, especially if you aren't sure what happened rises to sexual harassment, alternatives exist. Nonprofit organizations allow you to report workplace sexual harassment anonymously, such as Better Brave or Callisto Expansion.

Holding Companies Accountable

In most cases, companies can be held legally responsible for sexual harassment by supervisors. If your boss sexually harasses you, it's considered a liability of the company. After all, supervisors represent the company, and their actions are essentially company actions under the law. So when a boss acts wrongly, the entire organization can be held to account.

Seeking Legal Help

When wondering, "What to do if my boss is sexually harassing me?", reaching out to legal professionals can provide a lifeline.

Experienced lawyers can:

  • Explain legal options based on your individual case.
  • Provide clear guidance on navigating the legal process.
  • Help protect your rights guide you throughout.
  • Fight for compensation for damages suffered because of the harassment. They will advocate on your behalf so you aren't alone in fighting this injustice.

What Qualifies as Workplace Sexual Harassment?

Workplace sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Examples include:

  • Making sexual comments or jokes, including those shared through email or social media.
  • Unwanted physical contact, such as hugging, kissing, or touching.
  • Making sexually suggestive gestures or looks.
  • Displaying sexually explicit images or objects.
  • Making promises of rewards or threats of punishment in exchange for sexual favors.

What to Do After You Report Sexual Harassment

It can be challenging to know what to do after reporting sexual harassment. Ideally, your employer will have a sexual harassment policy to handle complaints appropriately and protect harassed employees. Here are a few things you can do:

  • Follow up with HR or your supervisor to check on the status of your complaint.
  • Continue to document any harassment.
  • Consider talking to a therapist or counselor about your experience. It can be a difficult and emotional process, so getting support is essential.

You must remember your legal rights. Title VII of the Civil Rights Act of 1964 protects employees and potential employees from sexual harassment and is a federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. The EEOC is responsible for enforcing federal laws prohibiting employment discrimination, including Title VII.

Suppose you have been sexually harassed at work or denied continued employment because you refused to submit to requests for sexual favors. In that case, you have the right to file a formal complaint with the EEOC.

Compensation for Sexual Harassment Victims

If you win your sexual harassment case, you may receive various damages, including:

  • Back pay for any lost wages
  • Emotional distress
  • Court costs
  • Attorney fees.

It is important to note that every sexual harassment case is unique. An experienced attorney can best advise what damages you may be entitled to receive.

FAQs About What To Do if My Boss Sexually Harasses Me

What if My Boss Retaliates for Reporting Sexual Harassment?

Retaliation from a boss for reporting sexual harassment is illegal. If your boss retaliates against you, you can file a retaliation claim with the EEOC or your state's equivalent agency.

Can I Be Fired for Reporting Sexual Harassment?

No, you cannot be fired for reporting sexual harassment. This is considered wrongful termination. If you are fired for reporting sexual harassment, you can file a wrongful termination claim. It is important to familiarize yourself with your company's sexual harassment policy and your state's laws to know your rights. If your employer fails to follow its policy, you may be able to pursue legal action.

Conclusion

Facing sexual harassment from a boss is a daunting experience. Remember you're not alone, and resources are available. Taking action, however small, can lead to positive change. You deserve to feel safe at work.

Sexual harassment at work is a violation. You deserve to feel safe and respected. If your boss sexually harasses you, standing up for yourself is essential. Gather evidence, follow internal procedures, and consider speaking to an attorney or government agency. By understanding the available resources and taking decisive action, you'll be a powerful advocate for yourself. Your voice matters, your rights are important, and you have options.

Sexually harassed by your boss at work? Give us a call or engage with our chat. We provide free consultations and are happy to help.

About the Author

Eric Kingsley

Eric B. Kingsley is a 2024 "Best In Law" Award winner, 2024 Consumer Attorneys of California Presidential Award of Merit recipient, and has litigated over 150 class actions. He is an AV peer rated attorney and a prolific speaker at various seminars on employment law.

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