If you're sexually harassed at work, document the incidents, report them to HR or management following your company's policy, seek emotional support, know your legal rights, and consider consulting a sexual harassment lawyer if the harassment continues or your employer fails to take appropriate action. Workplace sexual harassment can be devastating both professionally and personally, leaving victims feeling powerless, embarrassed, and unsure where to turn. Understanding how to protect yourself and take effective action can help you address the situation while safeguarding your wellbeing and career.  This post provides information and tools if you face sexual harassment in the workplace.

Table of Contents:

• Taking Action: What To Do if You're Being Sexually Harassed
  • 1. Document Everything
  • 2. Communicate That the Behavior is Unacceptable
  • 3. Consult Your Company's Policies
  • 4. Report the Harassment To Supervisor(s) and HR
  • 5. Report the Harassment To Government Agencies
  • 6. Consult with an Employment Attorney
  • 7. File a Lawsuit
  • 8. Be Prepared for Potential Challenges
  • 9. Seek Emotional Support
• Defining Sexual Harassment in the Workplace
  • Two Main Categories of Sexual Harassment:
• The Statistics Behind Sexual Harassment: A Wake-Up Call
• Should I Quit My Job If I'm Being Sexually Harassed?
• Creating a Safer Workplace
• Getting Help
• Frequently Asked Questions

Taking Action: What To Do if You're Being Sexually Harassed

If you are facing sexual harassment, remember that your safety and well-being are the most important. You are not alone, and you have options. Understand your rights and the avenues you can pursue. Sexual harassment can deeply impact both your professional life and personal wellbeing, often leaving you feeling powerless or questioning whether what you're experiencing is "serious enough" to report. The steps outlined below are designed to help you reclaim your agency and dignity in the workplace while protecting your career. Remember that harassment is never your fault, and you deserve to work in an environment free from intimidation, hostility, or unwanted advances. The path forward may feel overwhelming, but breaking it down into manageable steps can help you navigate this difficult situation with confidence and clarity.

1. Document Everything

Documenting harassment creates a reliable record that strengthens your case and prevents "he said/she said" situations. Contemporary documentation is viewed as more credible than memories recalled later, so record incidents as soon as possible after they occur. Consider keeping a separate journal dedicated solely to workplace incidents, clearly distinguishing between factual observations and your emotional responses. Remember that digital documentation should be stored in personal accounts or devices rather than work systems, as company equipment may be monitored or accessed by others.

Keep detailed notes of each event. Make note of:

• Date and time.
• Location of the harassment.
• Description of what happened.
• List how it affected you.
• Names of those involved.
• Witnesses present.
• Collect any relevant emails, text messages, voicemails, photos, etc.
• How the harassment affected you.

Save any emails, texts, or voicemails related to the harassment. Keep them in a secure location. Additionally, you will want to gather past performance reports, or any other personnel files you have received. This evidence is valuable if you take legal action.

2. Communicate That the Behavior is Unacceptable

Directly addressing harassment can sometimes resolve the situation without further escalation, especially if the harasser is unaware their behavior is inappropriate. Tell them specifically what actions or words you want them to stop. When communicating your boundaries, use clear "I" statements such as "I feel uncomfortable when you comment on my appearance" rather than accusatory language that might put the person on the defensive. Consider having a witness present during this conversation or follow up with an email summarizing what was discussed to create additional documentation. If direct communication seems unsafe, trust your instincts and proceed directly to formal reporting channels.

3. Consult Your Company's Policies

Understanding your company's specific harassment policies provides clarity on your rights and available resources within the organization. Many policies detail not just reporting procedures but also confidentiality protections, anti-retaliation measures, and expected timelines for investigations. Larger organizations may have designated ethics officers or ombudspersons who can provide guidance while maintaining confidentiality. The handbook should tell you how to report the harassment. Often, you'll go to HR or a designated contact. Follow their instructions when filing a formal complaint. Reviewing these policies ahead of time allows you to anticipate the process and prepare necessary documentation before filing a formal complaint.

4. Report the Harassment To Your Supervisor(s) and Human Resources

Formal reporting creates an official record and legally obligates your employer to investigate the situation. When meeting with HR or management, consider bringing a trusted colleague as a witness and support person if company policy allows. Request written confirmation that your complaint has been received and ask for a timeline of the investigation process, including when you can expect updates. Remember that while HR represents the company's interests, they are also responsible for ensuring compliance with anti-harassment laws and policies.

5. Report the Harassment To Government Agencies

Government agencies like the EEOC can provide external accountability when internal processes fail to address harassment adequately. Before filing, gather all documentation including emails with HR, performance reviews, and witness statements to strengthen your case. The EEOC may attempt to mediate between you and your employer before proceeding with a formal investigation, which can sometimes lead to quicker resolution.

Each state has different deadlines for filing claims, so act promptly. Check the EEOC's website for your state's deadline. It's usually between 180 to 300 days from the last instance of harassment. Some states offer additional protections beyond federal law, so researching your specific location's regulations may reveal additional options or extended filing deadlines.

Beyond official channels, nonprofits can help. Better Brave and Callisto Expansion allow for confidential reporting of workplace sexual harassment. They provide a safe space to share experiences.

6. Consult with an Employment Attorney

An employment attorney provides specialized expertise on harassment laws and can evaluate the strength of your case based on legal standards rather than company interpretations. Many attorneys offer free or reduced-cost initial consultations and may take strong cases on contingency, meaning you don't pay unless you receive compensation. Legal representation often changes how employers respond to harassment claims, as they recognize the increased likelihood of formal proceedings. Consider asking potential attorneys about their success rates in negotiating settlements versus taking cases to trial.

7. File a Lawsuit

Filing a lawsuit may be necessary when other remedies have failed to address the harassment or when you've suffered significant damages. The legal process typically begins with your attorney filing a complaint detailing the harassment, your attempts to resolve it, and the damages you're seeking. During discovery, both sides will exchange evidence, which may include depositions (sworn testimony) from witnesses, the alleged harasser, and company representatives. While most sexual harassment lawsuits settle before trial, preparing as if you will go to court ensures you maintain leverage in settlement negotiations.

8. Be Prepared for Potential Challenges

Addressing workplace harassment often involves unexpected obstacles including potential retaliation, lengthy timelines, and emotional strain. Building a support network of trusted friends, family members, or a therapist can help you maintain resilience throughout what might become a prolonged process. 

Navigating these situations isn't always easy. A study found that only about a quarter of those seeking recourse through the EEOC or their state agency received financial settlements for their sexual harassment claim. Pursuing a sexual harassment workplace lawsuit in California can be challenging and lengthy. Remember that regardless of the outcome, taking action against harassment reflects courage and integrity that contributes to safer workplaces for everyone.

9. Seek Emotional Support

Finding yourself the target of workplace sexual harassment can leave you feeling isolated, confused, and questioning your own worth or professional standing. Reach out to someone you trust - whether that's a close friend, family member, therapist, or support group specifically for workplace harassment survivors - who can provide perspective and emotional grounding during this challenging time. The burden of harassment isn't yours to carry alone, and speaking your experience aloud to a supportive listener can help validate your feelings and clarify your thoughts. Remember that protecting your mental health is just as important as addressing the harassment itself; consider speaking with a counselor who specializes in trauma or workplace issues, as they can provide coping strategies tailored to your specific situation while maintaining complete confidentiality outside your workplace environment.

What Is Sexual Harassment in the Workplace?

Sexual harassment in the workplace encompasses any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that either explicitly or implicitly affects employment, unreasonably interferes with work performance, or creates an intimidating, hostile, or offensive work environment. There are two primary types recognized by law: quid pro quo harassment (when submission to or rejection of sexual conduct is used as the basis for employment decisions) and hostile work environment harassment (when unwelcome conduct of a sexual nature is severe or pervasive enough to create an abusive working environment). 

We often think of it as blatant and aggressive behavior, but it includes a much broader range of actions. It can also be less overt, like offensive remarks about a person's sex. Sexual harassment can include unwanted touching, lewd jokes or comments, displaying offensive materials, persistent romantic advances, or making sexualized remarks about appearance or clothing. 

For example, consistently making inappropriate comments about a colleague's attire or asking them out on dates after being told no can be sexual harassment. These actions might contribute to a hostile work environment. Remember, it's not the intent but the impact that matters. If the behavior is unwelcome and creates an uncomfortable, hostile, or offensive work environment, it could be sexual harassment.

Two Main Categories of Sexual Harassment:

As discussed earlier, there are generally two types of sexual harassment: quid pro quo and hostile work environment. While both types are legally actionable under Title VII of the Civil Rights Act, they often require different types of evidence and may be subject to different standards of proof in legal proceedings.

• Quid pro quo, meaning "this for that," involves implied or explicit demands for sexual favors. These favors are exchanged for job benefits or security. This could be a supervisor promising a promotion in exchange for sexual favors. Or, they could threaten to fire someone if they don't comply.
• Hostile work environment sexual harassment occurs when unwelcome behavior is severe or pervasive. It might create an abusive working environment. This often involves a pattern of behavior, rather than isolated incidents.

The Statistics Behind Sexual Harassment: A Wake-Up Call

Many victims suffer in silence. They fear retaliation or not being taken seriously. Studies show that between 25% and 85% of women have experienced sexual harassment at work. Many incidents go unreported. A 2018 study from LeanIn.org and McKinsey painted a stark picture: 35% of women had faced some form of sexual harassment during their careers.

Certain groups, like women in technical roles (45%), lesbian women (48%), and senior-level women (55%) faced even higher rates. Men are also impacted by sexual harassment. In 2018, men filed about 16% of all sexual harassment charges with the EEOC.

Should I Quit My Job If I'm Being Sexually Harassed?

You don't have to quit your job if you're being sexually harassed at work, and in many cases, it's better not to - at least initially. Quitting could make it harder to pursue legal action unless the harassment has made your work environment unbearable. Instead, you can take steps to address the harassment, such as reporting it to HR or filing a complaint with a legal body like the EEOC.

If the situation becomes intolerable, quitting might be necessary, but it's important to consult a sexual harassment lawyer before making that decision. They can help you explore your options and protect your rights.

Creating a Safer Workplace

Addressing sexual harassment goes beyond individual actions. We must promote a culture of respect where this behavior is promptly addressed. Organizations should take a proactive approach. They can implement anti-harassment training, reporting procedures, and provide a prompt response to incidents.

Creating a culture where everyone feels safe, respected, and supported takes ongoing effort. One voice, raised against injustice, can spark meaningful change. Sexual harassment can be emotionally taxing, but understanding what it is can help you take action. Remember that you are not alone and there are support systems for people who experience these situations. Let's continue to fight for workplaces that value dignity, respect, and equality for everyone. Taking a stand, no matter how daunting, is crucial for achieving real change.

Experienced Sexual Harassment Attorneys Ready to Help

Our specialized sexual harassment attorneys have 27 years of experience fighting for employees who have experienced workplace harassment, hostile environments, and retaliation after reporting misconduct. With $300 million recovered in verdicts and settlements, our firm is trusted by workers nationwide who have become victims of sexual harassment in their workplace. We understand the complex emotional and professional impact of these situations and are committed to helping you navigate the legal process while protecting your rights and dignity.

Frequently Asked Questions

Is it worth reporting harassment?

Yes, reporting harassment is worth it as it creates an official record, legally obligates your employer to investigate, and may prevent the harasser from targeting others in the future. Though the process can be challenging, reporting is often the most effective way to stop the behavior and protect both yourself and your colleagues from further harassment.

What happens when you file a harassment report against someone?

When you file a harassment report, your employer is legally required to conduct an investigation, which typically involves interviewing you, the alleged harasser, and any witnesses while reviewing relevant documentation. The investigation should remain as confidential as possible and may result in disciplinary action against the harasser if your claims are substantiated, potentially including warnings, mandatory training, transfer, demotion, or termination.

Can you get fired for going to HR?

While it is illegal for employers to retaliate against employees for reporting sexual harassment, some companies unfortunately still engage in retaliatory practices disguised as performance issues or reorganizations. Federal and state laws provide strong protections against such retaliation, giving you legal recourse if you're terminated, demoted, or otherwise penalized for making a good-faith harassment report.

Is it easy to prove harassment?

Proving sexual harassment can be challenging because it often occurs without witnesses and may involve subjective interpretations of behavior or comments. However, consistent documentation, contemporaneous notes, saved communications, witness corroboration, and evidence of how the harassment affected your work performance can significantly strengthen your case and increase the likelihood of a favorable outcome.