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Sexual harassment in the workplace includes unwanted sexual comments, advances, and quid pro quo offers. Victims should inform the harasser to stop and report to HR or a higher-up if it continues. Reporting to the EEOC may be necessary if the company does not address the issue. Immediate reporting is necessary for physical assault or rape. A pattern of behavior can also establish harassment. Victims should file a police report if physically threatened and unable to continue working.
Unfortunately, sexual harassment is a bad part of the workforce, and many people, men and women, can be sexually harassed. Sexual harassment includes quid pro quo offers of sexual favors for promotions, raises, or special favors at work, unwanted sexual comments, repeated sexual statements that make it difficult to get work done, and unwanted sexual advances, such as groping, inappropriate touching and similar. The first thing you should do if you are a victim of sexual harassment is to inform the harasser that you do not appreciate or want her conduct to continue. This may be enough to stop someone from harassing you further.
This is not always the case, and most companies have internal methods of dealing with sexual harassment allegations that continue. After informing someone who harasses you that you do not accept their conduct, if the inappropriate behavior continues, it’s time to speak with your company’s human resources department or a manager not involved in the harassment. If your manager or supervisor is the person perpetuating the harassment, you should seek someone higher up within the company, discuss the issue with HR, or take your complaint outside the company if the Company offers no recourse or way to resolve the issue.
The problem with reporting sexual harassment is that many people fear losing their jobs if they report it, or being seen as a problem employee, resulting in them being fired later. This can happen and if inappropriate behavior appears to be widespread in a company, it is best if you are a US employee to bring your complaint outside the company, soon after the behavior has occurred. You may be limited as to the time of your report; you usually need to file a report with the Equal Employment Opportunity Commission (EEOC) within 180 days of the first incident.
Also, if sexual harassment occurred while you were trying to get a job, you should file an EEOC report immediately. It can be difficult to prove this type of harassment, such as a quid pro quo request, such as “Date me (sleep with me) and the job is yours”. This is often a “she said, she said” environment, with each case being judged on its own merits. What can help is if other people have filed similar complaints against a company. Many EEOC reports about an employer or business can suggest a pattern of behavior that can help prove sexual harassment.
Some incidents should be reported immediately, through your company first if possible, and also simultaneously with your local EEOC office. Groping, touching, or attempting to solicit inappropriate sexual favors do not benefit from waiting. They should be reported immediately. Also, some sexual harassment is not just harassment, but rape or assault. If you are forced into sex or someone physically tries to force you into sex, it is not only harassment, but also rape or attempted rape, and your report should not be with the company, but with the local police department. If possible, you should report it immediately after the incident occurs.
When sexual harassment is less blatant, it can help establish a pattern of behavior by pointing it out to other people who experience or hear about it. For example, if a person consistently makes offensive comments about your physical appearance or continually uses sexual affirmations or tells sexual jokes in your presence, this could constitute a pattern. Once you inform the person that such remarks are unwelcome and you want them to stop, repeated remarks of a similar nature (to be noted) become a form of harassment, creating a hostile work environment. Again, if your company has a plan in place to address this issue, you may want to investigate this matter first through corporate channels. If the company is small, ignores your complaints, or doesn’t have a plan, reporting the behavior to the EEOC is probably the best method to end harassment.
Note that if you feel physically threatened by a co-worker, you should probably stop going to work. Make sure you file a report with the police department and the EEOC right away. This can help you create a valid legal reason for having to quit in hostile conditions and also to obtain protection, if necessary, from law enforcement agencies from anyone in your workplace who could potentially put you in physical danger.
