The workplace should be a safe environment where employees feel comfortable performing the duties of their jobs without fear of harassment from anyone.
When you have employees at different levels in the office, the power dynamics often create tension, but when that tension morphs into sexual harassment, then the behavior needs to be stopped.
It is the employer’s obligation to provide a safe environment for the employee.
When other members of the company, including senior members of the company, engage in sexual harassment it transforms the workplace into a hostile work environment.
Sexual harassment includes unwanted sexual advances, requests for favors of a sexual nature, jokes made at the expense of a gender or directed at someone because of his or her gender, and verbal and physical harassment that is sexual in nature. Harassment can come from a male or female or between members of the same sex.
Title VII of the Civil Rights Act of 1964 protects employees from sexual harassment in the workplace and any retaliation that might come from reporting the behavior.
If you have been the victim of sexual harassment, you probably have a lot of questions. You have 180 to file a charge, so it is important to act quickly.
There are steps to take when it comes to reporting sexual harassment, and if nothing is done to rectify the situation then you might move to the next step of filing a claim with the Equal Employment Opportunity Commission or filing a private lawsuit against your employer.
What To Do
If you have been the victim of sexual harassment by senior members of your company, you will no doubt be upset and stressed out by the situation.
This is perfectly normal. While the process of reporting a sexual harassment case is stressful, there are things you can do to make the situation easier.
The first thing you will need to do is to gather as much evidence as possible to support your claim.
The next step is to identify the person or office that you need to file the report with, and finally you might consider speaking with an employment attorney to determine the best course of action if your company does not take action.
Gather Evidence
As the victim of sexual harassment, you are responsible for obtaining as much evidence of the incident as possible. In some cases, there could be multiple incidents of harassment so you need to document as much of it as you can.
As soon as an incident takes place, get to a safe place and write down the details of the encounter, the time and date that it took place and the names of everyone involved. The sooner you document it, the fresher the details will be in your mind.
When it comes to evidence, the date and time are important because they can support your claim of who was involved should it be disputed.
Not only can footage be obtained from security cameras of the exact moment in question, but you can also check timecards to confirm who was at work when the incident occurred.
If there are any witnesses to the harassment, talk with them to see what they observed and make a note of their names and contact information so that they can be questioned should the need arise.
Also obtain copies of security camera footage and make copies of emails, text messages and voicemails that are tied to the harassment.
When dealing with senior members of the company, you want to make sure you have copies of everything so that they don’t tamper with evidence later on.
Reporting
The next step is to figure out who you need to speak with at your company. Generally speaking you should report the sexual harassment to human resources, but if your company does not have a human resources department then report the matter to a supervisor.
If the senior members of the company involved in the incident are the ones you would normally report to, then report to another manager or even someone above them.
When you file your report, make note of the reaction of the person taking the report. Do they ask questions, do they offer reassurance that your report will be investigated?
After you have filed a report with your employer, they should take immediate action to put a stop to the behavior and to make you feel comfortable returning to work. If they take no action, or if the behavior continues, then you need to take further action.
Be sure to watch for retaliation from the senior members involved. If you suddenly find your hours being cut, or your pay being docked, or even if you are passed over for a promotion that you were qualified for, then these are all examples of possible retaliation and as an employee you are protected from retaliation.
If you experience retaliation or if your employer does not take action after reporting an incident of sexual harassment, then you may need to file a claim or a private lawsuit against your employer.
Get a Free Evaluation Today
If you have determined that you need to file a claim or lawsuit against your employer, then it is a good idea to speak with an employment lawyer to determine the best course of action.
Working with an expert can help to ensure you receive the maximum settlement available to you, including lost wages, legal fees and even emotional distress as a result of the case. Though working with an employment attorney does not guarantee that you will win your case, it greatly improves the odds of a favorable outcome.
Working with an employment lawyer is beneficial because filing a sexual harassment claim is stressful enough. Your attorney will help ensure that you have all of the evidence that you need in addition to making sure that you are meeting deadlines to file the case.
Many employment lawyers will meet with you for a free or reduced fee case evaluation, at which point he or she will help you to determine the best course of action for your situation. In many cases, employment lawyers will work on a contingency basis, meaning that they will take your case with no money up front and they will only require payment if you win your case.
To find out how an employment lawyer can help you, fill out a free case evaluation.
