Sexual Harassment: Actions You Can Take

Being on the receiving end of sexual harassment often makes victims feel powerless. Many are falsely told that they can do nothing about the harassment. They are told to remain silent and tolerate it.

In reality, a sexual harassment victim can take many actions to stop the problem. There are harassment laws in place to protect victims. A victim can take informal actions like speaking up. Or they can take formal actions like reporting sexual harassment to the U.S. Equal Employment Opportunity Commission (EEOC).

Know your rights for the different types of actions you can take if you are a victim of sexual harassment. You can also get legal advice from an employment lawyer, especially if you worry about worsening workplace harassment.

What Is Sexual Harassment?

There are two common types of sexual harassment: quid pro quo harassment and hostile work environment harassment. Sexual harassment is a form of sex discrimination under Title VII of the Civil Rights Act of 1964.

Sexual harassment includes:

• Requests for sexual favors
• Sexual assault
• Unwelcome sexual advances
• Other verbal or physical conduct of a sexual nature

Sexual harassment can come from any source, including coworkers, managers, customers, etc. No one should have to work in an offensive work environment. It is far from the conditions of fair employment. No condition of employment can involve having to tolerate forms of harassment.

Luckily, there are anti-discrimination laws in place to protect workers. The same federal laws that protect against sexual orientation, national origin, and gender identity discrimination also protect against sex discrimination. Several state laws are also in place to prevent employment discrimination.

Not knowing what to do about workplace sexual harassment is common. Employees may feel trapped in a difficult position. That’s a problem the law aims to solve. You have protections after experiencing sexual harassment.

First Step: Speak Up at Work

In many sexual harassment cases, especially those involving a hostile work environment, the responsible parties may or may not realize their conduct is offensive. If you are a victim of harassment, your first step toward resolving the problem should be to tell the responsible party to stop their offensive behavior.

In some cases, if the responsible party is a reasonable person, they will stop such conduct and take corrective action. If the issue isn't resolved at this stage, you have at least put the harasser on notice that you find their conduct offensive.

You might not be comfortable with a direct confrontation. Employees can report harassment to their supervisor or human resources (HR) regardless. The law does not require you to try to solve the issue on an individual level before you can ask your employer to step in.

Follow Your Employer's Complaint Procedure

What if the offensive conduct doesn't stop, or the harasser tells you they don't care what you say?

Some companies have a detailed procedure to report harassment and file a discrimination complaint. If your company has such a procedure under its sexual harassment policy, you should follow it to the letter. Take note of any time limits set out in that policy.

Remember to record any harassment episodes, your complaints, and any incidents related to the harassment. This includes dates, times, persons involved, and anything spoken.

Where To Report Harassment at Work

Many employer policies designate someone to whom you must report harassment. This might be human resources (HR). If your company has designated certain staff responsible for receiving sexual harassment complaints, that is where you should start.

What if My Employer Has No Sexual Harassment Policy?

If your company has no set procedure for reporting sexual harassment, you should bring your complaint to your immediate supervisor. If your supervisor is committing the harassment, file a complaint with your supervisor's immediate superior.

It is crucial, particularly in hostile environment cases, to ensure your company's management is aware of the harassment. A lack of an internal policy doesn’t excuse illegal behavior.

Is My Employer Responsible for Harassment by a Coworker?

Coworker harassment can sometimes rise to the level of an employer’s responsibility. A coworker’s individual behavior is not quite the same as an employer’s actions. Yet, federal law protects you from sexual harassment from anyone at work.

An employer may have legal liability for harassment if it is aware of the behavior and fails to intervene. This is also true in cases where an employer should have known about or recognized the harassment.

An employer has a legal responsibility to do the following:

• Maintain a harassment-free workplace
• Provide a way for employees to report instances of sexual harassment or sex discrimination
• Respond promptly to follow up on an employee’s report
• Take corrective action that sufficiently stops the harassing behavior

If the employer’s response is insufficient, an employee may receive the right to sue for harassment.

File an Administrative Charge of Harassment

If you are unable to resolve your harassment complaint by using your employer's internal procedures, and if you wish to pursue the matter, you will need to file an administrative charge with the appropriate governmental agency.

This agency is usually the federal Equal Employment Opportunity Commission (EEOC) or your state's human rights or civil rights enforcement agency. The governmental agency will investigate your sexual harassment claim and attempt to resolve it by negotiating with your employer.

If the agency cannot resolve your complaint and determines your claim is valid, it will issue a "right to sue" letter. This letter means that you may bring your case to court.

Start Litigation for Sexual Harassment

If the appropriate governmental agency issues a right to sue letter, legal action is the next step. You may bring a civil lawsuit for any injuries you suffered from the sexual harassment.

You do not need to show physical injuries. The most common injuries in a sexual harassment case are the victims' emotional injuries.

If your sexual harassment suit is successful, your remedies may include reversing adverse employment decision, potentially resulting in:

• Reinstatement if you lost your job
• Back pay (multiplied by three times) if you lost money or missed out on a raise
• Fringe employment benefits if you lost them
• Damages for emotional distress
• A requirement that your employer initiate policies or training to stop harassment
• Your attorney's fees and court costs

Can I Report Workplace Sexual Harassment Anonymously?

Some employers allow anonymous reporting, but an EEOC complaint requires the identity of the person who files it. There are a few possible ways to protect your confidentiality.

First, check your employer’s policies. They may offer a way to report sexually harassing behavior without directly identifying yourself as the reporter. You can also ask a coworker to speak up on your behalf, particularly if they witnessed the behavior or its effects. Reporting harassment to HR instead of your supervisor may also help avoid concerns related to personal bias.

The second option is to ask a coworker or union representative to file a formal complaint to the government. An EEOC complaint must identify the person who filed it. However, that person can be someone who files on behalf of the victim of harassment. The EEOC generally avoids telling the employer who the alleged victim is in this scenario.

Limitations of Anonymous Reports

Filing anonymously can make the EEOC or employer’s investigation process more difficult. There may be a risk that the investigator can’t get enough specific information to verify the claim.

While anonymity can prevent retaliation, people at work may draw their own conclusions. Yet, retaliation is illegal — even if they only suspect you of reporting sexual harassment.

Will I Lose My Job for Reporting Sexual Harassment?

It is illegal to fire a worker on the basis of a good-faith report. This action is a form of employment retaliation and wrongful termination. You have protection even if the employer or EEOC ultimately finds nothing that is considered sexual harassment.

Also, if you decide to quit because of sexual harassment, you can still report it to the EEOC.

Ask a Lawyer About Stopping Sexual Harassment in the Workplace

If you're a victim of sexual harassment, you can take steps to stop the problem. These cases tend to be quite complicated, and your employer will likely have a team of lawyers.

Perhaps you are an independent contractor unsure of what sexual harassment laws apply to you. Maybe you are a full-time employee whose work performance is being affected due to frequent sexual harassment. For legal advice, talk to an experienced employment law attorney in your area. They can help you pursue an employment action.