The worst-case scenario is when the harasser is someone in a position of power and then any report of sexual harassment through the accepted system may be covered up to protect the harasser. If this is what has happened to you, then don’t despair as there are ways in which you can get the harassment to stop, or at least initiate an investigation into your sexual harassment complaint through an official anti-discrimination body such as the Equal Employment Opportunities Commission (EEOC) or an equivalent state body.
Sexual harassment is unfortunately still very commonplace in a large number of American workplaces, despite the fact that it is illegal under both federal and state laws. Sexual harassment is any kind of adverse behavior directed at someone while at work of a sexual nature.
It can be hard to know exactly where the line is crossed between lighthearted banter and the sort of constant harassment which makes it hard or stressful to continue working normally. Many employees who experience sexual harassment at work are afraid to bring the problem up with their supervisor or HR, but unless they do, the problem can persist and get worse.
Steps to Take After Reporting Your Workplace Harassment
Sexual harassment can take many different forms, but the victim of the harasser will recognize an uncomfortable feeling that at its worse can be so stressful that it interferes with work. Sexual harassment may be any of the following:
- unwelcome verbal comments;
- communication by electronic means including emails, social media;
- communication by texting and phone calls;
- unsolicited touching or groping;
- physical assault and rape;
- request for sexual favors in exchange for job and / or promotion.
If you are starting to experience sexual harassment, then you should check your employment manual if you have one to see what your employer’s procedure is. Most large employers will have some policy in place regarding sexual harassment and what you should do if you are a victim of it.
Small workplaces may or may not have any policy at all, but even these are expected to provide an environment for employees that protect them from any kind of discrimination. According to the law, sexual harassment is a form of sex discrimination and is illegal.
Once you have checked your employment manual, you should then report the incident(s) to whoever is designated. This may be a supervisor, the HR department if there is one, a manager or someone else who represents your employer. When you do this, you should make a written report, detailing what happened, when and where it happened, who was doing the harassing and how it made you feel uncomfortable and therefore less capable of doing your work effectively.
Keep a record of all communication you have about the incident(s) of sexual harassment with whoever it is who you report it to. The more evidence you collect, the more likely it will be that your complaint will be investigated and acted on.
What To Do When Incidents Are Covered Up
Unfortunately, many incidents of sexual harassment at work are covered up. This is often to protect the harasser from being revealed or punished. Persistent or serial sexual harassers are often those in a position of power, which may explain why the complaint might be covered up.
If you a get nowhere or feel that your complaint is being covered up, your next step is to take your complaint to the EEOC. The EEOC is the regulator of federal anti-discrimination legislation and will appoint someone to investigate your complaint.
The EEOC will only investigate complaints of sexual harassment in workplaces where there are 15 or more employees, so if you work in a smaller workplace you should file your complaint with a state labor department.
Whether the EEOC or state equivalent can do anything will depend on the circumstances ad how much evidence you have that you had a genuine complaint and that your employer tried to cover the incident up or at least did nothing about it.
Find Help
If neither of these government agencies resolve your complaint you should talk to an employment lawyer about your legal options. The EEOC may give you permission to take your employer to court over a violation of state or federal laws on sexual harassment. A successful lawsuit may result in financial damages paid, as well as legal and court fees compensated for.
You are welcome to fill out the Free Case Evaluation form above to help find a suitable lawyer near you.
