Sexual harassment is still unfortunately prevalent in many U.S. workplaces. The larger the workplace, the more likely sexual harassment may crop up at some point.
Sexual harassment may take many diverse forms, but overall it is any type of unsolicited attention of asexual or gender specific nature that is uncomfortable, unpleasant and can prevent normal working conditions.
Sexual harassment is prohibited in the workplace. Both federal and state legislation deals with potential sexual harassment.
Despite the law, it can be hard knowing what to do about sexual harassment if it affects you and there is no HR department to report to.
When There’s No Human Resources
The first step if you are experiencing sexual harassment at work is to recognize it as a prohibited behavior. If you feel confident enough, it is worth speaking to the person harassing you and asking them to stop.
If there is no HR department in your workplace, you may have a company handbook or policy which outlines the procedure in the event of sexual harassment being experienced and that the harassment is continued.
The handbook may tell you who to go and see to report the behavior and what you should do immediately.
It is the responsibility of the employer to provide an environment in which sexual harassment is forbidden or if it appears to deal with it swiftly.
If there is no company handbook for employees or a handbook with no specific policy outlined to deal with sexual harassment if it occurs at work, then you should see the senior manager or whoever is in charge of the workplace, unless, of course, this is the person who is harassing you, in which case you will need to have a different strategy in hand.
If Your Contact is The Harasser
If the person who is harassing you is your immediate boss you should contact with any person or body higher up in the company.
They have a duty to ensure that this sort of behavior cannot take place, so they should at least initiate some sort of investigation into your allegations.
If you have no success, or feel that the company is not taking any action, then your next step should be to file a complaint with the Equal Employment Opportunities Commission (EEOC) or the equivalent state body.
The EEOC is a federal agency that is set up to oversee and enforce federal discrimination laws in the workplace. Sexual harassment is categorized as a form of sexual discrimination under Title VII of the 1964 Civil Rights Act.
The federal legislation only covers larger workplaces with 15or more employees, so if you are working in a smaller workplace you may need to contact the state body that deals with sexual harassment in the workplace.
The EEOC or an employment law lawyer will be able to help you find the government body that you can file a complaint with.
What To Do If You Are Harassed at Work
Workplace harassment can take a tremendous mental and emotional toll on a worker. It also can lead to negative physical consequences such as insomnia and an increase in blood pressure.
Harassment at work takes many forms of which a few acts might not be considered unlawful. From dealing with unwanted sexual advances to being on the receiving end of physical threats, you should follow four steps that teach you what to do if you are harassed at work.
Document Everything
From the first day you fall victim to harassment at work, you must document every event that might constitute an act of harassment.
Keeping a journal represents an effective documentation tactic, but you need concrete evidence such as emails, photographs, and handwritten notes to litigate a workplace harassment case.
Speak with a Manager
If the harassment does not come from a manager, discreetly meet with your supervisor to discuss what you have experienced in the form of harassment. A human resources manager represents the ideal source for you to contact when the time comes to discuss harassment in the workplace.
File a Complaint
Receiving legal support benefits you in several ways. First, your lawyer acquires the physical evidence you need to demonstrate the presence of harassment at work. Second, employment attorneys interview witnesses to provide support for the physical evidence collected during an investigation. Third, you receive legal representation during a civil trial. After meeting with an employment lawyer, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC reviews and issues a decision concerning workplace harassment complaints. You also have the legal option to file a civil lawsuit that seeks monetary damages.
Get Help With Your Claim
It is bad enough coping with sexual harassment at work without having to find ways of stopping it, especially if there is no HR department or your boss is the harasser or is reluctant to do anything about the harassment.
Before you contact the EEOC or a state government body that deals with employment issues, it is very worthwhile contacting an employment law attorney about your case.
The attorney will be able to judge whether you have a good case to file a complaint or a lawsuit against your employer for failing to deal with sexual harassment.
You are welcome to fill in a free case evaluation form available below to help find a suitable attorney in your area.
