Are you having trouble concentrating at work because you are being sexually harassed by your boss or a co worker? Is the harassment making the work environment unbearable? You don’t have to put up with this behavior.
It is illegal and there are both federal and state laws to protect you. All you have to do is tell your employer and ask it to stop the sexual harassment. If it does nothing you can file a complaint with the Equal Employment Opportunities Commission (EEOC) who will contact your employer on your behalf. You may be eligible for compensation.
Common signs of sexual harassment are verbal remarks that are embarrassing, unwanted physical touching, showing you embarrassing photos or images and the perpetrator exposing him or herself. The latest statistics state that 38 percent of women in the workplace have been victims of sexual harassment.
Examples of Three Different Types of Sexual Harassment
Sexual harassment is not always easy to identify as it is not uncommon in a workplace for comments to be made between the genders which are more based on humor than on harassing the employee. However, when the behavior is affecting the victim’s safety then it can be classified as sexual harassment. There are several examples of harmful sexual harassment which are:
- Inappropriate remarks made in the workplace are unacceptable as they are not only disrespectful but make the employee feel uncomfortable and can create a hostile working environment. This often means the employee is unable to complete job requirements satisfactorily and may even take time off work due to emotional stress.
- Physical proximity is the most common form of sexual harassment and signs of this are unwanted touching like caressing the victim’s body in a sexual manner and kissing the person on the cheek. This can cause a huge amount of stress to the victim and often fear of the consequences if the victim asks the perpetrator to stop;
- Visual sexual harassment is often experienced too and can be either someone exposing themselves to another person or can be conveyed through showing inappropriate images or drawings to the employee. Another example of this could be videos or pictures sent directly to the victim either by email or phone or even posting images on the employee’s computer screen.
Next Steps to Follow If You Have Been a Victim of Sexual Harassment
If you have been a victim of workplace sexual harassment you should not ignore it but report your concern to your employer. You will need to provide evidence of the sexual harassment which could include the following:
- the name of the harasser;
- dates, times and places where the sexual harassment took place;
- proof of the sexual harassment such as recorded voicemail messages, text messages, recorded conversations with the harasser and photos of the sexual harassment;
- surveillance camera footage revealing the sexual harassment;
- co-workers eye witness accounts of the workplace harassment taking place;
- your employer’s written policy on workplace harassment.
If your employer fails to stop the sexual harassment you should report the incident to the EEOC who will allocate an officer to investigate your charge. If it is found your employer knew about the harassment but chose to do nothing to resolve it, the EEOC may either take the matter further on your behalf or give you permission to file a lawsuit against your employer for failing to stop the workplace harassment. You may be compensated for the emotional suffering you have experienced in the form of a cash payment. Other remedies could be the following:
- punitive damages;
- lost back pay;
- foregone future earnings;
- emotional distress;
- attorney fees and costs.
Your employer is forbidden by law to retaliate if you file a lawsuit and this includes demoting or sacking you.
What You Will Need to Know When Filing for Sexual Harassment in the Workplace
Before submitting a complaint to your employer about your sexual harassment you must ensure you have sufficient evidence to prove that sexual harassment has taken place. If you file a lawsuit and as soon as you have gathered sufficient evidence to prove your case, it won’t necessarily be easy to win. You should work with an attorney who can help you file a claim. Complete the Free Case Evaluation on this page to get connected with an independent and participating attorney who subscribes to the website.
Additional Resources
- Do I Need an Attorney for My Sexual Harassment Case?
- Evidence to Include in Your Workplace Harassment Claim
