While the employment laws in the United States specifically prohibit sexual harassment in the workplace, it does still unfortunately occur. Such behavior can create a hostile and intimidating workplace atmosphere for the victim as well as the witnesses. And continuing to tolerate it can negatively affect your morale, work performance, and, ultimately, your career.
So, difficult as it might be, you must take immediate steps to end it. Apart from informing your manager and the company’s human resources department, you need to get expert legal counsel. You can search online for a “sexual harassment lawyer near me” and find a competent lawyer to represent you.
Sexual harassment in the workplace
One of the reasons for hiring a sexual harassment lawyer is because some forms of this behavior are hard to assess. People can have different opinions of what constitutes sexual harassment. However, if you find certain behaviors objectionable, offensive, unwanted, unwelcome, or physically threatening, there is a strong chance that they meet the standard of sexual harassment.
The following types of offensive behaviors can generally come under its gamut:
• Making sexual jokes, comments, or remarks
• Making personal comments and compliments that come across as creepy
• Making suggestive remarks and unwanted advances
• Sending porn or lewd messages
• Staring with lasvicious intent, especially at private parts
• Getting into someone’s personal space
• Forcefully touching, grabbing, or kissing someone
• Asking someone out repeatedly
• Demanding sexual favors in return for career advancement
• Spreading offensive rumors
• Taking overt or covert photographs
Handling sexual harassment in the workplace
1. Decide if the behavior falls within the criteria of sexual harassment. If it is unwanted and makes you feel offended, intimidated, or unsafe, it might legally be considered sexual harassment. You must keep a record of what the perpetrator said to you, when and where they said it, and who witnessed it. You should also keep any offensive emails, messages, photos, and other things as evidence.
2. Speak up and inform the perpetrator that you find their behavior offensive. By letting them know this, you are making it clear that they cannot cross your boundaries. Some harassers may back off when confronted like that. If you feel unsafe, ask a trusted colleague to be present when you talk to the harasser.
3. Report the sexual harassment according to the company’s complaint policy. If speaking to the harasser does not resolve the situation, approach your manager about their behavior. You should also check the company’s employee handbook for their guidelines against sexual harassment. By law, if your company has 15 or more employees, the sexual harassment law applies to it, and it is obliged to take action to protect you. It is essential, however, to report the incident within either 180 days or 300 days after it took place.
4. File a written complaint about sexual harassment. After receiving it as a follow-up to your oral complaint, the company’s human resources department will understand that you are making a serious complaint and will investigate the matter. You should provide them with as much factual evidence as possible. If it supports your claim, they will take immediate action against the harasser. They might issue warnings, transfer them to another department, or fire them from their position. It depends on how solid your case is.
5. File a complaint with the Equal Employment Opportunity Commission (EEOC). It will investigate the matter and make your employer give you a reasonable settlement.
6. Hire a sexual harassment lawyer to represent you. If your employer is ineffective in preventing workplace sexual harassment, you will need to take the legal route. By searching online for a “sexual harassment lawyer near me,” you will be able to find the right lawyer to represent you.
Many lawyers offer an initial free consultation during which they will assess your situation and advice you on whether the case will stand in court. If it does, they will investigate the matter on your behalf, collect evidence and witness statements, and discuss the situation with your company. If an appropriate settlement is not possible, they will file a case, represent you in court, and make every effort to get you justice.