Working retail is tough. Ask anyone who has ever been a retail worker and they will tell you that it is not easy.
From an often fast-paced work environment to the never ending stream of clients coming in and out of the store, every day is a different adventure.
No matter how hectic the workplace, employees should always feel safe and comfortable with their environment, and it is up to the employer to provide a safe workplace.
The reality, though, is that despite best efforts to maintain a safe workplace, things happen. Unfortunately, retail workers often experience sexual harassment in the workplace, either by a fellow coworker, a supervisor or even from customers.
Sexual harassment includes unwanted sexual advances, requests for sexual favor in return for perks or other benefits, jokes of a sexual nature about gender or geared toward a specific person or any other verbal or physical harassment that is of a sexual nature.
The harasser can be male or female, and harassment can take place between men or women or between members of the same sex.
Employees are protected against sexual harassment by Title VII of the Civil Rights Act of 1964. The same law protects employees from retaliation after filing a sexual harassment complaint.
If you are a retail worker and you have been the victim of sexual harassment, there are steps that must be taken that include gathering evidence and reporting the incident.
If your employer does not take action after you file a report, then you might file a claim with the Equal Employment Opportunity Commission (EEOC) or you can file a private lawsuit against your employer. In either case, it can be beneficial to work with an employment attorney to help guide you through the process.
What To Do
Being the victim of sexual harassment is stressful on a number of levels. Not only do you have to deal with the emotional damage of the experience, but you also have to relive the experience when you file your report.
There are a few things that you can do to make the experience of filing a sexual harassment complaint easier.
First, you must gather as much evidence to support your claim as possible. Next, you should determine where you should file your report, and you might also consult with an employment attorney for advice or to pursue a claim or lawsuit.
Gather Evidence
Gathering evidence is the most important step in filing a sexual harassment report. Unfortunately, it is up to the victim to provide evidence that harassment took place, and the more information you can provide, the stronger your case.
Start by making notes about the incident itself. Write down a summary of what happened, noting the day and time it happened and who was involved.
The time and day are particularly important when it comes to reporting incidents with coworkers or supervisors, so that the timecard can corroborate the time of the incident.
Also make a note of any witnesses who were present. If witnesses were present, talk with them about what they saw and heard because they can corroborate your claim.
In some cases there could be security camera footage of the incident, so be sure to get copies of any footage that exists. If there are emails, voicemails or text messages involved, then make copies of those, too.
Remember that the more evidence you have, the stronger your case.
Reporting
When it comes to reporting sexual harassment in the workplace as a retail worker, the person or department you report to will differ depending on the circumstances.
If you are being harassed by a customer, then you should notify your manager or supervisor immediately, and if possible you should notify your manager while the customer is still in the store.
This is not always possible, of course, though even if the customer leaves you should still notify your manager as soon as you can.
From there, your employer is expected to rectify the situation and ensure that corrective action is taken so that you are not placed in that situation again.
If your harasser is a coworker or supervisor, then you need to report the incident to human resources. When you work in a store that is part of a chain, human resources is often offsite, so you have to call someone to file a report.
In smaller independent stores, another manager or even the owner serves as the HR representative.
When you file your report, make sure you notice the reaction from the person who takes your report, and note what corrective action is taken as a result of it.
After you file your report, if no corrective action is taken then you can file a claim with the EEOC, or you can file a lawsuit against your employer.
Have Your Case Evaluated By An Expert
If you have reported the sexual harassment to your employer and no corrective action has been taken, then you need to go to the next step of filing a claim or a lawsuit.
In either case, it can be helpful to seek the advice of an experienced employment lawyer.
Many employment lawyers will meet with you for a free or reduced-fee consultation, at which point you can present the details of your situation and together you will determine the best course of action.
Working with an employment lawyer can help to ensure that you receive the maximum settlement to which you might be entitled, including things like lost wages, legal fees and compensation for emotional distress.
Working with an employment attorney does not guarantee that you will win your case, but it does greatly increase your chances of a successful outcome.
Not only that, but having an expert advocating on your behalf will help reduce some of the stress from a very stressful situation.
Many employment lawyers will work on a contingency basis so that there are no upfront costs to take your case, and you only pay if you win your case.
For information about how an employment attorney can help you, fill out a free case evaluation form.
