As an employee, when you show up for work you have an expectation that your workplace is safe and comfortable. You should not be made to feel uncomfortable due to unwanted advances, lewd comments or any other forms of sexual harassment in the workplace.
Sexual harassment includes unwanted sexual advances or comments, jokes of a sexual nature, requests for sexual favors or any other physical or verbal sexual harassment.
Sexual harassment can take place between coworkers, an employee and a supervisor or even an employee and a customer, and it can take place between men and women or the victim and harasser can be the same sex.
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for overseeing sexual harassment claims.
As the victim of sexual harassment there are numerous laws at the federal, state and local levels that protect you not only from sexual harassment in the workplace, but also from retaliation should you file a complaint.
Your employer is responsible for creating and maintaining a work environment that is comfortable and safe. As an administrative assistant you probably come into contact with many people throughout the day, from other employees to managers to owners to customers.
You interact with lots of people, but when one of these people makes you feel uncomfortable and unsafe in your work environment then you need to take action to put an end to the sexual harassment.
What To Do
Filing a sexual harassment claim is never easy. There is no blanket approach to filing one, either, because the nuances of each situation can be so completely different. It will be stressful to be forced to relive the situation when you file a complaint, but at the end of the day it is important to remember that as the victim you are protected by laws against sexual harassment.
If you take no action, the behavior will likely continue.
The first step is to gather evidence of the incident(s) in question, making sure that you have the date and time of the incident, the people involved and a detailed description of what happened.
Once you have your evidence, you need to determine who you should speak with. As an administrative assistant, your supervisor could also be your boss, in which case you might speak with another supervisor or go directly to human resources.
You should also consider speaking with an experienced employment attorney who can help you build your case and determine the best course of action.
Gather Evidence
When filing a sexual harassment claim, you need to have a strong case. In many situations there are no witnesses to incidents of sexual harassment so you must think of any possible evidence that supports your claim.
Speak to witnesses if there are any, gather emails or surveillance camera footage that corroborate your claim.
If you were the victim of quid pro quo harassment, where someone offered you a promotion or benefit in return for sexual favors, then document what happened when you refused the advances.
If a supervisor denies a promotion or raise because you refused a sexual advance, or if you were demoted or your pay was cut as a result, then this would be considered retaliation.
Once you have your evidence, you need to file a report.
Reporting
How you file your sexual harassment report will depend on your company’s structure. You might report directly to your supervisor or the company’s owner if it is a small company, or you can speak with human resources.
If one of the harassers is also someone you would report to, then you need to seek out someone else to speak with to file the report. You can talk with another supervisor or manager as well.
When you file the report, pay attention to how your report is received. Are you met with hostility, disbelief or doubt, or does the human resources representative pledge to investigate and handle the situation?
If you find that the situation improves because of action taken by your employer, then you do not need to file a claim. However, if no action is taken or the situation gets worse because of retaliation, then you need to speak with an employment attorney.
Get a Free Case Evaluation Today
When your company fails to protect you from sexual harassment after you file a report, you can file a claim with the EEOC or even file a private lawsuit against your employer.
This is a very stressful situation that can be incredibly intimidating, so it helps to speak with an experienced employment attorney who can evaluate your case and determine the best course of action.
Working with an employment attorney ensures that you have an advocate working on your behalf to secure the biggest settlement possible by ensuring that you have a strong case and that you meet all of the deadlines needed when filing.
Many employment attorneys work on a contingency basis, meaning that they will take your case upfront without payment, and you only pay if you win your case.
Though working with an employment attorney does not guarantee that you will win your case, it does greatly improve your chances for a favorable outcome.
For more information about how an employment lawyer might be able to help you, fill out a free case evaluation.
