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Steps to Take If Being Sexually Harassed at Work

Posted by Eric Kingsley | Sep 26, 2024 | 0 Comments

Woman taking steps to report sexual harassment

You're at work, going about your day when someone makes an inappropriate sexual comment. It catches you off guard, and your mind races. Is this a big deal? Should you do something? This scenario, sadly, is more common than people realize. Understanding what is classified as sexual harassment, your rights, and what actions you can take are crucial. 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

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.

1. Document Everything

It's vital to have a record of the harassment. Keep detailed notes of each event. Make note of:

  • Date and time.
  • Location of the harassment.
  • Description of what happened.
  • Names of those involved and any witnesses present.
  • How the harassment affected you.

Save any emails, texts, or voicemails related to the harassment. Keep them in a secure location. This evidence is valuable if you take legal action.

2. Communicate That the Behavior is Unacceptable

You might clearly communicate your discomfort to the individual. Tell them specifically what actions or words you want them to stop. Addressing the situation gives them a chance to correct their behavior.

In some cases, you might skip this step. If the harassment involves a supervisor or you feel unsafe, your safety is most important.

3. Consult Your Company's Policies

Many companies have protocols for addressing sensitive issues. Familiarize yourself with your company's sexual harassment policy, which is usually found in the employee handbook. 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.

4. Report the Harassment

Start with your company's procedures. If this doesn't lead to a resolution, you can file a charge with the EEOC. You can also go to your state's fair employment agency. 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.

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.

5. Consult with an Employment Attorney

An attorney specializing in workplace discrimination and harassment cases can offer guidance. They can assess your case, explain legal options, and guide you through complex procedures. Ask about their fees and experience handling similar cases.

6. Be Prepared for Potential Challenges

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. Pursuing a lawsuit can be challenging and lengthy. 

Defining Sexual Harassment in the Workplace

It's important to understand what qualifies as sexual harassment. We often think of it as blatant and aggressive behavior, but it includes a much broader range of actions. Sexual harassment, according to the Equal Employment Opportunity Commission (EEOC), includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It can also be less overt, like offensive remarks about a person's sex. This can look like offensive jokes, slurs, or unwelcome comments about someone's appearance or body.

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:

Generally, there are two types: quid pro quo and hostile work environment.

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.

Conclusion

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.

About the Author

Eric Kingsley

Eric B. Kingsley is a 2023 "Best In Law" Award winner and has litigated over 150 class actions. He is also an AV peer rated attorney and a prolific speaker at various seminars on employment law.

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