Sexual harassment is illegal in the workplace but sometimes both the victim and the perpetrator believe that sexual harassment has to be physical, such as touching or groping without the victim giving permission.
When an employee is faced with verbal statements in relation to sexual matters from either co workers or an employer they often fail to realize that because it is verbal it is not sexual harassment.
This is a misconception because any action, either verbal or non-verbal, which sexually harasses the victim is in fact sexual harassment. This is illegal in workplaces and needs to be stopped. Almost 70 percent of women who have experienced verbal sexual harassment said it took place at work, more than any other setting.
Verbal Harassment
Generally, an isolated verbal incident may not fall under sexual harassment at the workplace but if it becomes abusive and impacts on an employee’s ability to perform their duties it is sexual harassment and needs to be stopped.
On the other hand, some singular incidents may be serious enough to constitute sexual harassment. If you have been sexually verbally harassed, keep a written record of the time and date of all incidents, even if it’s just a single incident.
With this information you can take the matter to your HR and provide the evidence of when the sexual harassment took place and request that something is done about it.
Examples of Verbal Sexual Harassment
Verbal sexual harassment in the workplace is any behavior that makes the victim feel uncomfortable and is unable to undertake work duties effectively because the verbal sexual abuse is distressing and distractive.
It can take place in both public and private areas in the workplace and any unwelcome verbal behavior which uses sexual expressions in a workplace against another employee can be considered to be sexual harassment which makes the employees feel less comfortable, humiliated, threatened and intimidated. The most common forms of verbal sexual harassment include:
- making inappropriate remarks and jokes, teasing, or asking sexually related questions;
- asking a fellow employee to go out with them;
- unwelcome sexual advances and requesting sexual favors;
- inquiring about a fellow employee’s sexual preferences and their history of sexual activity;
- gossiping about someone and spreading lies about them;
- using abusive language and offensive name-calling;
- commenting negatively about a person clothing, body or personal behavior;
- making inappropriate sounds such as kissing sounds, smacking or whistling of lips;
- sending a fellow employee sexual voicemail messages;
- verbal attacks, such as, arguing with somebody using discriminatory, threatening or demeaning words of a sexual nature;
- embarrassing someone in front of other people by using demeaning language with sexual connotations.
To eliminate verbal sexual harassment, the employer must coordinate with the Equal Employment Opportunities Commission (EEOC) in order to draw up some effective preventative measures. This means the employee who has faced the verbal sexual harassment needs to keep a detailed record of when it took place.
This could mean using a cell phone to record any verbal comments and asking fellow workers to provide statements indicating they have witnessed the verbal sexual harassment taking place. Any voicemail messages that are verbal sexual harassment should be saved on the phone and used as evidence.
How a Lawyer Can Help with a Sexual Harassment Claim
If you have been a victim of verbal sexual harassment in your workplace and you have managed to keep a record to prove it talking to an employment lawyer can address all your concerns and the lawyer will explain your legal options.
If your employer has more than 15 employees you are entitled to compensation if you have been a victim of verbal sexual harassment at work. This means a lawyer can help you file a complaint with your employer and if there is no response direct your complaint to the EEOC. They will decide if your complaint is valid and discuss with your employer ways to resolve it.
Your employer cannot retaliate against an employee for filing a claim of sexual harassment or participating in an investigation. Employers have a responsibility to take steps to prevent and correct verbal sexual harassment in their workplace.
Verbal sexual harassment claims can get complicated if there are multiple parties involved or other workplace violations have occurred. If you and your lawyer are successful in your sexual harassment claim, the amount you can get in financial compensation depends on what sort of harm you've suffered because of the sexual harassment.
If you have taken time off work to recover you may be entitled to back pay and front pay. Also, you may get an amount for the pain and suffering you have endured due to the verbal sexual harassment. If your employer has deliberately ignored the verbal sexual harassment it may be punished by being asked to pay punitive damages to you.
This is a warning to your employer that verbal sexual harassment is illegal in the workplace.
Seeking Legal Help
Even though it is never that easy to prove verbal sexual harassment in the workplace an experienced employment lawyer knows how to win verbal sexual harassment claims and will do all the necessary communication with your employer and negotiate a claim on your behalf.
If you have been sexually harassed verbally then you should fill out a free case evaluation form.
Additional Resources
