How to Report Sexual Harassment in the Workplace

Last year, Cosmopolitan surveyed over 2,000 full-time and part-time women and found that one in three women have been sexually harassed at work.  It’s hard enough navigating the work force as a woman, especially in male-dominated businesses, but it’s even harder when harassment is added to the list. Even though sexual harassment has proven incredibly widespread in the workforce, it can be hard to prove.

Sexual harassment doesn’t have to be from your boss or coworkers to be considered inappropriate. That customer who grabbed your butt while you were waitressing, that old man who felt your chest while you were bagging groceries, the regular at Starbucks who is inappropriately hitting on you while you’re making his macchiato – if it’s not consensual, it’s harassment.

1 What is sexual harassment?

Title VII of the Civil Rights Act of 1964 protects all employees and applicants from discrimination based on sex, race, color, culture and religion. It doesn’t specifically mention work place harassment, but the Supreme Court recognizes harassment as a form of discrimination and anything that is severe and persistent enough to create a hostile work environment.

There are two types of sexual harassment claims listed at the American Association of University Women: Quid Pro Quo and Hostile Work Environment.

• Quid Pro Quo – A quid pro quo claim is made when an employment decision is made based on your response to sexual harassment or agreement to a sexual act.

• Hostile Work environment – This is when “conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or of creating an intimidating, hostile, or offensive working environment.”

2 How to know if you re being sexually harassed

Feminist Majority Foundation lists a number of actions that could be considered sexual harassment. These are a few of the definite signs that you’re being sexually harassed.

• Someone at work (this includes customers and clients) is making overtly sexual advances, asking or making jobs/promotions/raises/demotions dependent upon sexual acts, making comments of a sexual nature that make you uncomfortable.
• You’re witnessing inappropriate imagery.
• Female employees are treated differently than males. Ex: Called derogatory names, asked to dress in a more feminine or sexualized manner, judged as being emotional for a sex related reason like menstruation or pregnancy.

If it’s blurry whether or not you’re experiencing sexual harassment, try confronting the person. If he or she graphically describes sexual conquests to you or makes sexist or sexual jokes in your presence, you have every right to tell him or her that it makes you uncomfortable. Sometimes, it could genuinely be that he or she wasn’t aware he or she was crossing boundaries. However, if the person persists then you should report him or her.

3 Why you should speak up

Sometimes it’s easier to just brush harassment aside. You grow a thicker skin and learn to ignore it. You feel that saying something could cause retaliation and that you don’t have the time or energy to deal with the situation. You’d rather just sweep it under the rug and pretend it didn’t happen.

However, if you don’t say anything, that person might persist in his or her actions toward not just you but to other women as well. The more women come out and say “no” to sexual harassment, the more people will learn work boundaries.

4 What to do

• Check your employee handbook to see what the sexual harassment policy is and then start to record instances of discomfort, include the date, time and place and whether there were any witnesses. Do not discard any texts, emails or paper trails that show evidence of sexual harassment.
• Keep your records in a safe space; don’t put them on a work computer or anywhere near your employer.
• Report the harassment with a written notice. Then follow up in person.
• You must go to your employers (whether that be a manager, supervisor or HR representative) before you file a law suit. Go to whichever superior or administrator with whom you’re most comfortable.
• U.S. News recommends that you make your desired outcomes clear from the start.
• If you’re not satisfied with the investigation or if your report was ignored, file a complaint with the Equal Employment Opportunity Commission (EEOC).
• Find a good lawyer. According to NOLO, most employment lawyers don’t take money upfront. They’ll take compensation after the case, but that means you’ll need to win to pay those pricey law fees.
• Don’t stay somewhere where you feel uncomfortable. Continue fighting for justice, but move on with your professional life to a place that will respect your position as an employee and a woman.