Navigating Workplace Sexual Harassment: How to Handle Sexual Harassment at Work

Every employee should feel comfortable and welcome in the office, but sexual harassment and other unwanted sexual behaviors may quickly turn even the most welcoming environments toxic.

 
If you are being sexually harassed at work, you may be unsure how to proceed. Before your work responsibilities suffer, here are crucial measures you can take if you've been sexually harassed at work.

Are you genuinely being sexually harassed?

Before acting, you must understand what acts constitute sexual harassment and what laws protect you as an employee. The concept of workplace sexual harassment is not always clear, and you must ensure that you have covered all areas.

Harassment is not restricted to sexually explicit activities. It also includes offensive statements or discriminatory behaviors based on a person's sex or gender identity, such as making disparaging remarks about women or barring someone from a job opportunity because of their gender.
 
One of the most crucial criteria for assessing whether an activity constitutes sexual harassment is whether the actions were unwanted and unpleasant.
 
Harassment requires unwelcome behavior. Delivering a sexually suggestive joke to a friend who understands the joke is unlikely to constitute harassment, whereas making a sexual joke to an employee who does not want to hear such remarks is more likely be labeled as sexual harassment.
 
Unwanted behavior or sexual harassment does not have to be directed at you. Anyone who witnesses or is present while another person is sexually harassed may be affected if the acts have an impact on the workplace as a whole.

Measures you can take when sexually harassed

If you've been sexually harassed at work, you'll need to take deliberate action to achieve the justice you deserve. The measures you should take include:

Consult an attorney

In theory, you do not need a lawyer to report sexual harassment to your employer or submit an EEOC claim.
However, if you are confused about the situation, require assistance on whether particular behaviors constitute sexual harassment, or are concerned that your employer may not respond politely or effectively to a report, you should obtain legal advice from an attorney specializing in sexual harassment cases.

Some firms provide free consultations. Look for plaintiffs' lawyers who represent victims of sexual harassment rather than employers. You can look through directories from the American Bar Association, the National Employment Lawyers Association, or the nonprofit organization Workplace Fairness.
 
Alternatively, advocacy organizations like Equal Rights Advocates provide free legal assistance, counseling, and referrals.

With all these options available, you can’t lack a professional who can help you.

Document everything

One of the most essential actions you must take if you have experienced sex discrimination in the workplace is to document everything you can.
 
Keep records of every harassing activity, attempts to stop it, and responses you receive. These critical data and a written record may later be used to support your claim before an investigator, government agency, law enforcement officer, or jury.
 
When determining which actions to document, remember that the behavior must be objectionable to you and any other reasonable person under the circumstances. Consider asking someone you trust if they find the conduct disrespectful or undesired.

When documenting the case, include as many details as possible. The information you should have includes:
- Time, date, and place of harassment
- Minute-by-minute details of what happened
- Who was involved?
- Who else might have heard or seen it?
- Have you received any text messages, images, or similar things?
- How did it influence you?
- Any other details that you remember
 
You should maintain the information in a secure location where it cannot be easily accessed or destroyed by anybody other than yourself. Consider generating numerous copies or backing up your files to a cloud storage service.

Make it clear the conduct is unwelcome.

Because the main feature of sexual harassment is that the behavior is unwanted, make it clear that you don’t feel comfortable with the behavior.
 
If the harassment continues and you decide to file a complaint with your employer, you should be able to honestly state that you have made it clear that the behavior is unacceptable and have requested that it cease.
As much as this is a great move, it might be difficult to confront your harasser, especially if they are your supervisor or in another position of authority.

If you are concerned about your safety or reprisal, you should file a complaint with another supervisor, mediator, or human resources professional with whom you feel comfortable. Remember that your safety is always the most crucial priority.

If you feel uneasy to make a complaint, it’s always wise to postpone it until you feel comfortable doing it.

Make changes if possible.

In a perfect world, there would be no sexual harassment. In a somewhat less-than-perfect society, allegations of sexual harassment would be promptly addressed with no negative consequences for the victim.
 
Unfortunately, the reality remains imperfect, if not slightly less-than-perfect. This means that you might not get the prompt action that you are looking for.
 
That being said, you may decide not to report sexual harassment for a variety of reasons. For example, you don’t want a long battle or you don’t feel safe doing it.
 
However, this does not imply you should continue to put up with it. It may be time to begin a job hunt that will allow you to give your notice and depart for a new chance, or, if financially feasible, to quit first and then begin applying for new opportunities without the threat of sexual harassment lurking over your daily life.

Parting shot

These are some of the measures you should take when facing sexual harassment in your workplace.

You don’t always have to report sexual harassment, but if you decide to proceed with it, there are plenty of ways to do so. You can go to law enforcement, report it according to your company policy or through your union.
 
Whichever route you decide to take, it’s always wise to arm yourself with an experienced sexual harassment attorney to hold your hand. The attorney will not only help you make a professional complaint, but also ensure that you are safe at all times. 

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Posted - 10/01/2024