Reporting Sexual Harassment in the Workplace: What You Need To Know
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Though illegal and outright discriminatory, sexual harassment still affects the workplace. If you have been harassed or witness such offensive behavior in the workplace, there are various steps you can take to report it. When doing so, make sure you understand your employee handbook, document everything, and remain proactive.?
Sexual harassment has no place within the workplace.
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on sex (including pregnancy, sexual orientation and gender identity). Sexual harassment or sexual assault in the workplace is a form of sex discrimination that violates Title VII, according to the U.S. Equal Employment Opportunity Commission (EEOC).
Unfortunately, this form of harassment is still prevalent and affects various industries and professional spaces, from Antarctica research bases to the U.S. military. Even remote workplaces and employees are facing harassment.
Between the fiscal years 2018 and 2021, the EEOC received a total of 98,411 charges alleging harassment under any basis and 27,291 charges alleging sexual harassment. And 78.2% of sexual harassment charges were made by women.
Notably, there was an increased number of sexual harassment charges received by the EEOC in the two years following #MeToo going viral in October 2017. In 2018, the EEOC received 7,609 sexual harassment charges compared to 6,696 in 2017 — an increase of 13.6%.
And sexual harassment not only affects the victim. It also spreads its far-reaching roots throughout the entire workforce, disrupting productivity, employee well-being, safety, teamwork and the overall workplace culture.?
Whether you’ve been sexually harassed or witnessed it, it’s important to know how to address and report it, especially as a bystander. Some victims may not feel comfortable reporting the harassment they’ve received (for various reasons, like retaliation … which is also illegal).?
As professionals, we must strive to be the people who’ll stand up and advocate for our colleagues … and ourselves.
“Bystanders or witnesses do not always have a legal responsibility, but they do have an ethical responsibility. It is after all their workplace and if they ignore it by not taking specific actions, they are essentially giving approval for it to occur,” workplace harassment and bullying consultant Susan Strauss RN, Ed.D. told #GetAhead.
Identifying Sexual Harassment
Foremost, it’s important to know how sexual harassment shows up in the workplace, so you can properly report it. RAINN offers examples of what sexual harassment can look like:?
The law, according to the EEOC, doesn’t outright prohibit minor teasing, offhand comments, or isolated incidents that are not frequent or serious. Such harassment is illegal when it is “so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).”
Even so, that doesn’t make any form of sexual harassment less than. “It's hard enough to be productive at work without having to suffer discrimination, including sexual harassment in the process,” said Don Phin, an inspirational speaker, strategic advisor, and executive coach in the LinkedIn Learning course, “Hiring, Managing, and Separating from Employees”.
Any type of workplace harassment can have very serious psychological and physical effects on victims and should be treated accordingly.?
How to Report Sexual Harassment
Sexual harassment can occur anywhere in the workplace and be instigated by anyone and affect anyone.?
“The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, a subordinate, or someone who is not an employee of the employer, such as a client or customer,” reports the EEOC. “Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.”
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Additionally, this type of harassment does not have to be sexual in nature. It can include offensive remarks about a person’s sex.
If you’re being sexually harassed or have witnessed it, there are several ways to go about addressing and reporting the behavior in the workplace.?
1) Tell the harasser to stop, if you feel comfortable. Express directly and clearly that you want the offensive behavior to stop. In doing so, you’re letting the harasser know the behavior is unwelcome, which is necessary to meet the legal definition of sexual harassment.?Additionally, this step will help if you decide to take more formal action against a harasser. And if the harasser ignores your verbal requests? Write a brief letter stating that the behavior offends you and must stop — keeping a copy for your records.
2) Report the harasser to your supervisor or HR. If your employee handbook features a harassment policy and procedure, follow the steps provided. Even if there is no policy, going to your supervisor or human resources (HR) is a great step, especially when it’s not always the safest option to confront a harasser.
Still not receiving the help you need after your complaint? Keep escalating your report up the chain of command, documenting every single interaction along the way.?
As hard as it may be, you need to complain to your employer (even if there’s no established sexual harassment policy).?
According to Nolo, the U.S. Supreme Court has said that employees who fail to use their employer's internal complaint procedure to make the company aware of sexual harassment and to give the company a chance to stop it, may not be allowed to hold the company liable in a lawsuit.?
3) Complaint with government agencies (prior to filing a lawsuit). If you find that reporting to your employer has not worked, it’s time to escalate workplace discrimination or harassment to the federal or state level. Your main point of contact will be the EEOC or your state’s fair employment office.
Nolo states that “if investigation and settlement attempts fail to produce satisfactory results, you can file a civil lawsuit for damages under either Title VII or your state fair employment practices statute.”
Please note: You must file a complaint with the EEOC before filing a federal lawsuit. Also, there are time limits for filing claims with government agencies and for filing a lawsuit. If you decide to pursue this path of sexual harassment reporting, be proactive and do thorough research.
Feeling wary about reporting harassment or afraid that it might negatively impact your career? Please know that you’re not alone and there are many resources available to you to guide you through the process, like Lean In, me too., and TIME’S UP.
If You See Something, Say Something … and Document Everything
Always, always, always keep records, whether it be in the form of written letters (given to the harasser) asking for the unwelcome behavior to desist or discreet recordings. You should document any instances of harassment, including the dates, times and as many details as possible.?
Other forms of possible documentation include:?
Be specific as possible about what was said and done, noting how it all affected you, your health or your job performance. All documentation should be kept at home or in a private location away from the workplace.
And if you witness harassment of any form, please say something directly to the harasser or notify your HR representative. HR is usually a great source of information and support as to what exactly your company’s workplace harassment policies and reporting guidelines are.?
Harassment can only be stopped with continued awareness and proactive efforts to improve workplace cultures.?
Top Takeaways?
Sexual harassment has no place in the workplace. Here’s how you can address it: