1.Don’t Ignore The Harassment.
If
you believe that you are the victim of sexual harassment in the
workplace, don’t ignore the problem. Studies show that individuals who
sexually harass other people at work do not stop simply because their
victim does nothing. Ignoring such behavior may actually make the
harasser escalate his or her behavior. Talking about sexual harassment
can be uncomfortable, but you can empower yourself by talking with other
employees who may also be experiencing harassment by speaking up.
2. Make It Clear To The Harasser That The Conduct Is Unwelcome.
An
essential element of a sexual harassment claim is that the conduct must
be “unwelcome.” Harassers sometimes contend that their victims welcomed
and enjoyed their words and actions. Although it can feel uncomfortable
or even frightening to object, you must tell the harasser unequivocally
to stop the behavior. There is no special way to do this or magic words
to use; but you must make it clear that the behavior is unwelcome. You
may want to put your position in writing, perhaps in an email. By doing
so, you will have proof that the conduct was unwelcome if the harassment
doesn’t stop.
3. Not All Offensive Behavior Is Sexual Harassment Under The Law.
What
constitutes unlawful sexual harassment is determined under various
statutes and hundreds of court cases interpreting those statutes. These
criteria evolve through statutory amendments and new court opinions. Not
all offensive behavior is unlawful sexual harassment. Whether certain
offensive behavior constitutes sexual harassment is considered on a
case-by-case basis. It’s especially hard to know where to draw the line
when you’re experiencing behavior in the workplace that you find
obnoxious, disgusting, or frightening. This makes it especially
important to talk to a lawyer who knows about sexual harassment law and
about how to deal with such behavior.
4. Keep Careful Notes On What Happened, But Not On Employer Owned Equipment.
Keep
any notes, memos, letters, gifts, or other tangible evidence from the
harasser. And keep a diary or notes of any incidents or other
information that may be relevant to your concerns about sexual
harassment. But be careful how and where you record your evidence. Your
communications using company equipment are not confidential and can be
used against you. Many employers monitor their employees’ communications
at work, including documents prepared on company computers, emails and
text messages sent and received, websites visited, and even phone
numbers called. Also, be aware that employers, just like anyone else,
may access any public website that may contain your personal information
(i.e., Facebook and MySpace). Even personal emails sent from your own
account may be traced by your employer if you accessed your provider
through the employer’s server. Thus, always assume that you are being
monitored while at work or while using employer-owned equipment off
premises. You may want to document your experiences in handwritten notes
or in notes on a computer that you own; but don’t leave them at your
place of employment.
5. Report The Conduct.
Reporting
sexual harassment may feel threatening and disruptive, but your report
does two important things. It gives your employer an opportunity to
correct the problem, i.e. make the harassment stop; and if the conduct
does not abate, you have proof that your employer knows about the
problem. Once your employer is on notice of the harassment, it should
investigate and, if warranted, take prompt remedial action to address
the problem. But if you do not inform your employer about the
harassment, it might contend that it did not know about the problem and
therefore is not responsible for the conduct of the harasser; this is
particularly true if the harasser is a co-worker and not a supervisor.
Although it may be hard, you need to cooperate in the employer’s
investigation. Fear of retaliation generally is not a sufficient reason
to avoid reporting harassment.
6. Remember: Anything You Tell Human Resources Can Be Revealed To Others In The Company.
Human
resources personnel may present themselves as your advocate or friend.
And in fact they may act to protect you and other employees. But keep in
mind that they work for and are loyal to the company. Don’t assume that
anything you tell them is going to be kept confidential. They may
report your complaint to their supervisors and to other managerial
employees.
7. Don’t Quit Your Job.
Sexual
harassment is against the law. You do not have to endure a sexually
hostile work environment; your employer is legally required to make it
stop. Don’t just quit to get away from the offensive environment.
Quitting might enable the employer to argue that you didn’t give it time
to fix the problem; quitting could adversely affect your ability to
recover for lost income; and quitting might make it harder to collect
unemployment benefits, because your employer could contend that you
abandoned your job. If you feel that the harassment is intolerable, talk
to an employment lawyer before you make any decisions. An alternative
to quitting might be to take sick or disability leave while the problem
is being addressed. An objective, knowledgeable lawyer can help you make
the best possible plan to deal with the situation.
8. Retaliation Is Illegal - And Sometimes Easier To Prove Than The Actual Harassment.
Even
if you can’t prove that unlawful sexual harassment occurred, you might
have a strong retaliation claim if you make a reasonable good faith
complaint of harassment to your employer and your employer then takes
any “adverse action” against you because of your complaint. Adverse
actions can include a demotion in job title, a cut in pay, a negative
change in your performance evaluations, a transfer to a less desirable
location/department or less desirable duties, further harassment or
mistreatment by your co-workers, or termination of your employment.
9. Keep Doing Your Job Well.
You
might have a valid sexual harassment claim, but don’t use that as an
excuse to stop doing your job well! Making a complaint about sexual
harassment doesn’t give you permission to stop doing your job to the
best of your ability or excuse you from the same standards you had to
meet before the conduct started or you complained. You or your lawyer
may need to negotiate with your employer for what you want, and you
should preserve all your options until the situation is resolved.
10. Get Legal Advice From Someone Who Knows About Sexual Harassment Law.
If
you think you’re being sexually harassed, talk to a lawyer who’s
experienced in sexual harassment cases. This is especially important if
you’re considering quitting your job. Meeting with a lawyer does not
mean that you are going to sue your current or former employer. An
employment lawyer can advise you about what the law considers to be
unlawful sexual harassment; counsel you about how to handle the
situation (i.e., making a proper complaint, trying to preserve your job,
gathering proof of the harassment, or dealing with the stress); and if
matters escalate an attorney can advise you about your legal options.
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