Sexual Harassment
No one should have to worry about experiencing unwanted sexual harassment in the workplace. While you will hopefully never be a victim of such misconduct, if you are, it’s important to understand that you may have a range of potential legal options and remedies.
This overview will provide essential information on the topic. It defines workplace sexual harassment, provides examples of sexual harassment in the workplace, and explains the steps you can take to address these circumstances if you ever find yourself experiencing improper sexual behavior at work.
What is Sexual Harassment?
Sexual harassment takes many forms in the workplace. It essentially consists of unwelcome conduct that is at least partially sexual in nature.
Unfortunately, workplace sexual harassment is not an uncommon occurrence. The U.S. Equal Employment Opportunity Commission (EEOC) received more than 27,000 complaints of sexual harassment in the workplace between 2018 and 2021.
That number probably doesn’t come close to representing the full extent of sexual harassment in the nation. Some victims of sexual harassment might file complaints with agencies other than the EEOC. Others might not speak up about their experiences at all.
The consequences of workplace sexual harassment can also be quite significant. Naturally, the victim of the harassment may experience emotional, mental, and physical distress. Their productivity may also suffer. If other workers become aware that sexual harassment is occurring and the employer isn’t taking steps to address it, overall employee engagement may also take a hit.
Examples of Sexual Harassment
Various types of sexual harassment that may occur in the workplace. The following are merely a few examples of how workplace sexual harassment can occur:
- Quid pro quo sexual harassment: This type of sexual harassment involves one party requesting sexual favors in exchange for some other potentially valuable benefit, such as a promotion.
- Hostile work environment sexual harassment: This form of sexual harassment is one in which ongoing misconduct or harassment creates an environment in which an employee consistently feels uncomfortable. An employee experiencing this form of sexual harassment may feel they need to quit their job to remove themselves from an acutely uncomfortable environment.
If you’re not sure whether the conduct of your coworkers or employer qualifies as sexual harassment, consider speaking with an attorney. A sexual harassment lawyer can help you better understand your rights.
Verbal Harassment
Some mistakenly believe sexual harassment in the workplace must involve some form of physical contact (even if it merely involves a request or demand for physical contact). This isn’t the case. Sexual harassment can also be verbal in nature.
Potential examples of verbal sexual harassment at work include:
- Making sexually suggestive comments or lewd jokes
- Continuing to give unwanted compliments, particular if said compliments involve addressing an individual’s physical appearance and/or sexuality
- Asking prying questions about an individual’s sexual preferences, sexual history, etc.
- Spreading rumors about an individual’s sexual history, behavior, etc.
In our digital age, when more and more companies are allowing employees to work remotely, it’s more important than ever to understand that workplace sexual harassment can also occur online. Examples of cyber sexual harassment include (but aren’t limited to):
- Sending pornographic images or videos through email, text, etc.
- Sexting
- Cyberstalking
- Engaging in any form of verbal sexual harassment through text, email, etc.
Regardless of what form of sexual harassment you may be experiencing, it’s wise to save as much evidence as you can. If you’re being harassed via email, text, or similar means, you can save these messages accordingly.
If you’re experiencing sexual harassment in a manner that doesn’t leave you with any documentation of the harassment, you can still keep a log of your experiences. Every time you experience what may qualify as harassment, make a note of when it occurred, what happened, who harassed you, and anyone else who might have witnessed it.
Laws Protecting Sexual Harassment
All workers in the U.S. have the right to work in an environment free of workplace sexual harassment. Laws such as Title VII of the Civil Rights Act exist specifically for the purpose of prohibiting sexual harassment in the workplace. Additionally, individual states often have their own laws which complement or supplement federal laws regarding sexual harassment at work.
Company guidelines and policies can also play a critical role in guarding against workplace sexual harassment. Companies should clearly establish conduct guidelines that reflect all applicable laws. Workplace policies should address how victims of sexual harassment may go about reporting their experiences as well.
Employer Responsibilities and Liability for Acts of Sexual Harassment
Individual workers may be the ones committing sexual harassment in the workplace. However, an employer is technically the party responsible for promoting and maintaining a work environment free of sexual harassment.
Employers can fulfill this responsibility in the following ways:
- Implementing policies: Employers must develop and implement policies that clearly define what constitutes harassment and what victims can do to report it. These policies must indicate the company has zero tolerance for sexual harassment.
- Training: It’s not enough to simply establish anti-harassment policies. To ensure all employees understand these policies, employers should also routinely require all employees to participate in sexual harassment training. These training programs should teach employees to identify sexual harassment, and they should illustrate processes for reporting it.
- Responding to complaints: If an employee reports sexual harassment or files a complaint, an employer must take it seriously and respond to it promptly. Doing so will typically involve conducting an investigation. It’s critical that said investigation be impartial. If an investigation yields evidence indicating harassment has occurred, the employer must remedy the situation properly.
The law also prohibits employers from retaliating against employees who file workplace sexual harassment complaints. Examples of retaliation may include:
- Firing or demoting an employee for filing a complaint
- Refusing to promote a deserving employee
- Refusing to allow an employee to participate in professional development opportunities
- Assigning unpleasant tasks/shifts to an employee
Those are just a few examples of the way an employer could theoretically retaliate against an employee for drawing attention to a hostile environment, sexual harassment, etc. Employers must ensure their workers know they will not face retaliation if they report any harassment they or others have experienced.
Legal Remedies for Sexual Harassment
If you believe you have experienced workplace sexual harassment, you should begin addressing the issue by referring to your employee handbook or other such resource to learn what the process of reporting harassment involves. Follow the steps accordingly.
It’s possible your employer or their HR department won’t properly respond to your concerns or remedy the issue. Nevertheless, filing an internal complaint could play a critical role in any future legal proceedings. Specifically, it ensures there is a paper trail indicating you had concerns and brought them to your employer’s attention. This way, your employer can’t claim ignorance later on.
Unless you are thoroughly satisfied that your employer will address your concerns thoroughly, your next step should be to take some form of legal action. Your options may include:
- Filing a complaint with a relevant labor authority: Taking legal action doesn’t always need to involve filing a lawsuit. Before suing your employer, you might file a complaint with the EEOC. Or, your state may have its own labor authority with whom you can file a sexual harassment complaint. The labor authority may conduct an investigation and provide you with a “right to sue” letter if there is sufficient evidence that workplace sexual harassment has occurred.
- Speaking with a sexual harassment lawyer: It’s wise to discuss your case with an attorney as soon as possible when considering legal remedies. A sexual harassment lawyer can evaluate the merits of your case and explain how you may proceed. You may have the option of filing a claim or lawsuit to seek damages.
Potential remedies that may be on the table if your claim or lawsuit is successful include the following:
- Economic damages: You might be eligible to receive financial compensation for economic losses you have sustained as a result of experiencing workplace sexual harassment. For example, if you’ve had to seek counseling due to your experiences, you may receive financial compensation for the cost of counseling services.
- Non-economic damages: Some victims of sexual harassment in the workplace can also receive compensation for damages that don’t have exact monetary values. For instance, you might be able to receive compensation for the mental or emotional anguish you’ve endured due to hostile workplace sexual harassment.
- Injunctive relief: Along with compensating you, your employer might also have to take action to ensure sexual harassment in the workplace doesn’t continue in the future. An example of this would be a requirement that an employer’s sexual harassment policies be updated.
Work With a Sexual Harassment Lawyer
Pursuing justice when you’ve experienced workplace sexual harassment can be a complex and emotionally-draining task. Luckily, it’s not a task you need to handle on your own.
Instead, seek representation from a sexual harassment attorney. They can assist you by gathering evidence, interviewing witnesses, completing paperwork, filing a claim or lawsuit on your behalf, and generally managing your case.
Being the target of workplace sexual harassment is a very trying ordeal. With the help of a sexual harassment attorney, you may at least be able to hold an employer accountable. Fill out the Free Case Evaluation to be connected with an independent employment law attorney who subscribes to the website and may be able to help with your case.
