You should always be comfortable while you are at work. If ever there is a situation that comes up that makes you uncomfortable, you should be able to talk to your boss or manager about it so that it can be addressed.
It is your employer’s responsibility to provide a comfortable work environment where employees feel safe while they work.
But what if your boss is the one causing the problem? What if you have been the victim of sexual harassment and your boss was the harasser?
This can be a difficult situation because you have to report your boss, and that’s not an easy thing to do.
Sexual harassment includes any instance of unwanted sexual advances, jokes that are sexual in nature, jokes about gender as a whole, requests for sexual favors (often for perks or benefits) or any other verbal or physical harassment that is sexual in nature.
It can come from a male or female, and it can happen between members of the same sex.
Employees who have experienced sexual harassment are often the victims of retaliation, where their bosses come after them for filing complaints against them. It can be a cut in pay or hours, or changing work schedules or being passed over for a promotion.
If you have been the victim of sexual harassment by your boss, you need to make sure you act quickly to put a stop to the unwanted behavior.
What To Do
Some people are comfortable telling their harasser to stop the behavior and this is enough to put an end to it. The reality, though, is that even in the best of circumstances it is hard for a victim to tell the harasser to stop, and it is even more difficult to do it when the harasser is your boss.
You might be worried that you could lose your job or be punished for “making a big deal” out of the incident.
The first step toward filing a sexual harassment claim is to gather evidence of what transpired, then you need to figure out who you can report the incident to and in some cases you might wish to consult with an employment law attorney for help moving through the process.
Gather Evidence
Evidence is everything in a sexual harassment case. Unfortunately, most incidents of sexual harassment take place away from witnesses, making evidence critical.
Evidence can include anything from witnesses to security camera footage to messages received from the harasser.
The more evidence you have, the better it is for your case. The first step is to document the date and time of the incident, along with the names of everyone involved.
If there are witnesses to the harassment, make sure to note their names, too. Identifying dates and time is helpful to track the incident on time cards and security camera footage later on.
If there is a security camera at your place of work, get copies of the tapes for the period of time in question.
Also collect any emails, voicemails or text messages from your boss that highlight the incident of sexual harassment.
Be aware of incidents of quid pro quo as well. Quid pro quo translates to “this for that” and is something that happens with harassment where the harasser promises something in return for sexual favors.
If you were asked to do something of a sexual nature in return for some kind of benefit or gain, make a note of any repercussions that came from denying the request. These would be examples of retaliation and can be used in your case.
Reporting
You have 180 days to file a sexual harassment claim with the US Equal Employment Opportunity Commission (EEOC), so you need to act quickly.
Before you file a claim with the EEOC or a private lawsuit against your employer, you should bring the situation to human resources.
Every company should have an HR department or representative, and you should be able to bring the incident to his or her attention and have the matter settled internally.
In some cases, there is no HR representative so you might have to go to your boss’s boss or supervisor.
Ideally, the situation should be resolved internally, but in many cases the situation is not handled properly and you must take further action.
If this happens, make sure you note the reaction to your report and any actions taken, and any repercussions or fallout that happens as a result. This can all be used as evidence in your claim.
Have Your Case Evaluated By An Expert
If you file your complaint and nothing happens, or if the results are not acceptable for you, then you might decide to file a claim with the EEOC or file your own private lawsuit against your employer.
Working with an employment attorney can maximize your settlement and make sure that you have everything you need for a successful case.
Though working with an employment attorney does not guarantee that you will win your case, having an expert advocating on your behalf can greatly increase the odds that your case will be successful.
When you file a private lawsuit you could be entitled to damages including lost wages, getting your job back if you were fired for reporting the harassment, legal fees and even compensation for emotional distress.
An attorney will make sure you have the evidence you need to build your case and keep track of important deadlines, in addition to representing you in court, which is helpful given how difficult it can be to deal with your boss and employer in court.
Many employment attorneys will meet with you for a free case evaluation, at which point they will help you decide your next steps.
They will review their fees, too. Some employment attorneys will work on a contingency basis, meaning that they will not require payment up front and will only require payment if you win your case.
For more information about how an employment attorney might be able to help you, fill out a free case evaluation.
Additional Resources
How to Prove Sexual Harassment in the Workplace
