Steps to Take if You’re Sexually Harassed at Work

It’s estimated that one out of four women has experienced some form of sexual harassment in the workplace. While many companies have policies about this issue, sexual harassment may still occur. A victim of sexual harassment can feel trapped – especially at work. If you find that you are being sexually harassed, here are the steps you should take.

Two Types of Sexual Harassment

Legally, there are two types of sexual harassment. There is tangible employment action and hostile work environment.

Tangible employment action, also known as quid pro quo, is when requests for sexual favors or unwelcome sexual advances were made a condition of getting your job, keeping your job, or advancing in your job. If a manager tells her subordinate that he is more likely to get a promotion if he goes out to dinner with her – that would be considered quid pro quo. This is generally viewed as a more blatant form of sexual harassment because it can result in an economic loss if an employee has to choose between giving into a sexual demand or losing his or her job.

Hostile work environment sexual harassment is when one employee makes sexual advances or comments to another employee – regardless of position in the company. Even if these actions don’t affect the employee’s future with the business or financial position, it still creates an unpleasant work environment. Neither the perpetrators nor victims have to even work at the company; it could be a volunteer, vendor, contractor, or even a client! Some examples of hostile work environment sexual harassment are personal questions of a sexual nature, offensive language, unwanted physical conduct, and sexually explicit pictures, media, or literature.

If You’re Unsure

Sexual assault, defined by the Department of Justice, is “any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent.”

It isn’t always easy to tell if someone’s behavior qualifies as sexual harassment. If you’re ever unsure, you can ask yourself the following five questions:

1. Is this conduct unwelcome?

2. Is this conduct sexual in nature?

3. Does this conduct involve tangible employment action?

4. Would a reasonable person find this conduct abusive or hostile?

5. Is this conduct severe or pervasive enough to affect a team, condition, or privilege employment?

If you answer yes to any of these questions, you should think about taking reasonable action.

If it is Harassment

If the conduct you are experiencing is harassment, there are a couple of options to consider moving forward. You can choose to attempt to informally resolve the problem before elevating to management. If this is ineffective or you need to elevate the issue immediately, you can follow your company’s formal notification process.

To informally address this situation, the first step is to tell the perpetrator that his or her behavior is unwelcome and you would like it to stop. Avoid being alone with this person. Document their behavior and how you respond each time; make sure to include the date, names of any witnesses, and the location where it took place. You could also write a letter to the perpetrator and deliver it to him or her in front of at least one witness. The letter should include their behavior and how it affects you, your desire for them to stop, and your plan of action should their behavior continue.

If you choose to use the formal notification process, the first step is to find your company’s policy. In general, you will need to notify your manager (unless your manager is the person harassing you) or human resources manager. This is important because your employer must know – or have reason to know – about the harassment in order to be legally responsible for the offending person’s conduct.

From there, whoever you reported to must quickly and fairly address the situation. Whoever you reported to will notify management, then an investigation will be conducted, and appropriate action will be taken. The investigation must be thorough, impartial, and should begin immediately after a complaint has been reported.

Retaliation

Retaliation is when an employee has suffered consequences after he or she has reported sexual harassment, filed a grievance, assisted someone else with a complaint, or participated in discrimination prevention activities. Termination, demotion, suspension, poor evaluation, job reassignment, or – even if the complainant is no longer employed by that employer – receiving negative reference for a different job are all examples of retaliation. Any form of retaliation is illegal; even if the original charge of sexual harassment was not proven, retaliation is still illegal.

The United States Equal Employment Opportunity Commission (EEOC)
Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC recommends that employers develop a preventative and corrective program that defines what is considered harassment, provides training and education to managers, supervisors, and employees, and is in writing. The EEOC is also responsible for investigating sexual harassment charges in workplaces with 15 or more employees. If you choose to file a complaint with the EEOC, you can do so here.

If the conduct is unwelcome, it is harassment. You do not need to suffer at work if you are subjected to this conduct. Follow these steps to take reasonable action. And most importantly, remember that you are not alone.