Articles
Sexual Harassment at Work: What Do I Do?
Being the victim of sexual harassment at work is one of the most frustrating experiences suffered by women and men. We need to make our way in the world for ourselves and family. We do not go to work to become objects of torment by a fellow employee, boss or a customer, who by sexually harassing us makes going to work miserable, if not intolerable.
When sexual harassment occurs, it creates fear and anxiety, not the least of which is possible job loss. Good jobs are hard to find in the best of times much less in hard times. It creates confusion about how to stop it. This is particularly true, if the harassment comes from a boss or higher up in the company.
Sexual harassment takes so many forms there is no way to describe them all. It may involve persons of the opposite sex or persons of the same sex, but it always involves assertion of positional power, intimidation to eliminate potential competition and victimization.
If the harasser can dominate another, that person is no threat. The harasser can either run the victim off or the victim will submit. Anyone who tolerates or resists a harasser may find themselves subjected to continued harassment that gets worse over time, isolation, misinformation, ridicule, demotion, denial of job opportunities, poor performance reviews, reassignment to less desirable work or even termination in retaliation for refusal to submit.
Harassment usually begins with inappropriate comments, jokes, suggestions, email communications or other improper behavior toward the victim. Sometimes the harasser wants to know intimate details of the victim's personal life and relationships.
Sexual harassment may involve offensive touching or outright assault. A harasser may try to massage an employee's back or shoulders, but when resisted, offer the excuse the it was only intended to make the victim feel better. A harassers may rub his or her body against that of the victim and then pretend it could not be helped because the space was narrow.
A harasser may press for a hug, a kiss, a date, a meeting after working hours or demand explicit sexual favors even after it has been made clear such advances are not welcome.
Some harassers may suggest to a victim they could have a great time together – how wonderful the harasser is sexually and may boast outright about sexual abilities or past conquests to explain how the victim would enjoy being with the harasser.
When confronted, the harasser may attempt to hid behind statements such as "I was only joking" or "lighten up, I was just trying to be friendly," or "what's wrong with you?" These responses may further confuse the victim into believing he or she over reacted, but if unwelcome behavior or statements continue, they are intended to harass.
Fight Back! There are steps one can take that may stop the harassment even without the assistance of an attorney.
If you believe you are the object of sexual harassment or retaliation, the first step, is to educate yourself. Learn, if the company has a policy against sexual harassment. If it does, study what is says and know if you are compelled to report all complaints. A statement of policy with respect to sexual harassment; instructions about what to do and to whom to report, even if the harasser is a boss, is usually contained in the employee's handbook or manual issued by the company.
In many instances offensive conduct or statements may not require a formal complaint. You may want to warn the harasser. Let the harasser know you do not welcome nor appreciate offensive remarks or behavior.
Whether you file a formal complaint through channels with the company or give an informal warning, start a personal log in which you carefully record your complaints. Do not exaggerate! Keep to the facts. Try to explain carefully, clearly and without emotional glossing what was said or done that offended you to the point that you feel it necessary to warn the individual or make a formal report.
Stating what you believe the motives of the harasser to be or that the harasser has been "mean, nasty and ugly to me," or "I am too embarrassed to repeat what was said," is not going to get the job done. You must describe exactly what was said or done that offended you in a carefully thought out and truthfully worded manner. Putting your complaint in writing gives you time to get it right.
You should clearly identify the harasser, record the date and approximate time of the offending conduct or statements, the name of any person who witnessed or who was within the area at the time of the offending events who may confirm your complaints.
If you decide to send an informal warning to the harasser, clearly communicate the conduct or statement which offended you. Let the person know you desire to work with the harasser and everyone else in the company in a civil, polite, respectful and friendly manner, but make it clear you require the same respect and treatment in return.
Let the harasser know you do not welcome the matters about which you are complaining. Ask that these things stop immediately.
Caution the harasser, if the offensive behavior does not cease or if you find some attempt occurs to "get even with you" or "make you suffer" for complaining, you will not hesitate to bring the entire matter to the immediate attention of higher authority to seek formal relief and protection from adverse employment consequences. Let the harasser know any future complaint, should it become necessary, will be accompanied by a copy of your informal memo.
If the offensive conduct or statements come to you in the form or email or attachments to email, it is a good idea to print them out and save them in your log. It is not necessarily a good idea to reply to them electronically, but if you do, be sure you print out your reply and save it as well.
If the offending conduct or statement is witnessed by some other person, you may want to request that person to write out a statement about what was heard or witnessed. A witness may not want to get involved because of the fear of losing a job and will often refuse. Even so, you should ask. If you get the statement, the witness is protected by same laws that protect you and you can keep the statement in your log. If you do not get it, you will at least be able to record in your log you asked for one but it was refused.
Be discrete! If you do not want others to gossip, do not do it yourself. Gossip is not beneficial to you or the company.
If you feel you must file a formal complaint with the company, follow the same suggested steps of recording and documenting offensive statements or conduct, then provide the information to the proper authority at your company. When you make a formal complaint, you do not need to provide the harasser a copy of your complaint, but you will want to keep one for yourself.
The company is obligated by law to take appropriate and immediate action to investigate after receiving your formal complaint. You will be required and you must give your full cooperation. The company will be responsible for conducting the investigation in a good faith manner, make findings of fact and thereafter take appropriate and effective measures to address the situation. If harassment is confirmed, the company is required to take effective action to see that it ceases and does not happen again.
If these suggested procedures do not result in stopping the harassment or you suffer an adverse employment action as a result of your refusal to submit or for reporting the offensive conduct or statements, then, for sure, it is time to seek the advise of Gerald W. Livingston, Attorney for further assistance. You may be entitled to money damages from the harasser and the company that failed to properly protect you.
There is help even for a person who submitted to the demands of a harasser or actually engaged in demanded sexual activity, so long as the submission was not "welcomed" but occurred out of fear of job consequences. If this is the case, call Gerald W. Livingston immediately. Do not continue to be used, abused, humiliated or embarrassed. Regain your power!
Sexual Harassment matters are complex and subject to strict rules and time limitations which must not be overlooked.
If you believe your are a victim of sexual harassment on the job which you have not been able to stop or the company refuses to stop, Gerald Livingston, Atty. welcomes your inquire. Initial consultation is FREE. No fee is charged unless the case is accepted and a recovery by settlement or judgement is realized for you.
Just pick up your telephone - call 214-752-7080 and ask for Gerald Livingston.
