Sexual harassment can be described as unwelcome and unwanted conduct of a sexual nature. It violates an employee's right to a safe environment and prevents workplace equality.
If you’re dealing with sexual harassment, you might not know how to proceed. It’s essential to remember your rights and know that you do have effective methods to end the offensive behavior.
Read the rest of this article to learn:
- Different types of sexual harassment
- How to identify sexual harassment
- How to take action against it
- How a lawyer can help you
- If you can sue your employer
What are the Different Types of Sexual Harassment?
Sexual harassment can be obvious and direct or more insidious. However, there are three main types:
- Verbal sexual harassment. This includes making sexual or offensive comments or jokes.
- Non-verbal sexual harassment. Instead of using words, the harasser might stalk, stare, or make explicit gestures.
- Physical contact. Unwelcome touching, kissing, or other forms of physical contact.
How Can You Identify Sexual Harassment in the Workplace?
If you’re the victim of sexual harassment, you might have encountered one or more of the following, which can happen in real life or online.
- Employment offers based on sexual acts. You might have been told that if you perform a certain sexual act, you’ll receive a raise or be promoted. In some cases, this can involve your employer threatening you if you don’t agree to what they want, such as by firing you.
- Repeated requests. If someone doesn’t stop asking you out or making sexual advances, even if you’ve said you’re not interested, this is a red flag of sexual harassment.
- Touching you. If it makes you feel uncomfortable, it is sexual harassment. The person might ignore you when you ask them not to touch or grope you.
- Sexual orientation or gender identity comments. When someone makes comments about these, such as asking you private questions or using derogatory language, they’re harassing you.
- Staring or leering. While you might not consider non-verbal sexual harassment as serious, it can interfere with your work and make you feel anxious, angry, uncomfortable. For example, it’s unnerving if someone is constantly watching you.
- Sexual conversations that don’t target you. Even if you’re not witnessing sexual conversations or behavior that’s directed at you, it could be happening to someone else. Sexual harassment can also include people making inappropriate comments in the workplace without directing them at anyone.
How Can You Take Action Against Sexual Harassment?
You can do many things to eliminate sexual harassment from your workplace and life.
Report it to Your Employer or HR Department
If you’ve been dealing with harassment or inappropriate behavior, you should report it internally. Of course, this can be challenging if the person you’re reporting it to is conducting the offensive behavior. In that case, it’s best to discuss the situation with a lawyer.
Keep a Record of the Sexual Harassment
Gather as much evidence of the sexual harassment as you can. This can include making notes in a private journal of inappropriate discussions people are having in the office, and saving emails and text messages.
Speak to the Other Party
If you feel safe to do so, you should speak to the person who is making you feel uncomfortable. Sometimes, this is enough to make the person aware of their offensive behavior and stop doing it.
Having someone else present when you speak to the person can help you by making them more accountable and putting pressure on them to stop their behavior.
Review Employment Documentation
It’s common for employee handbooks and similar documents to explain their policies regarding sexual harassment. Reviewing these can help you strengthen your case.
How Can a Lawyer Help You With Sexual Harassment?
If your attempts at discussing the issue with the person who is making you feel uncomfortable haven’t been successful, and/or you’ve reported the incidents to an employer without success, you should contact a lawyer.
Sexual harassment is considered illegal when it is frequent and severe, such as that it results in a hostile workplace or causes a negative employment situation.
A lawyer will help you with a sexual harassment case in the following ways:
- They’ll review all employment contracts to check company policies regarding sexual harassment.
- They’ll help you with the process of reporting the behavior in your company’s channels.
- They’ll assist you with filing complaints to organizations such as the U.S. Equal Employment Opportunity Commission (EEOC).
- They’ll help you gather evidence to show proof of the behavior.
- They’ll deal with employers on your behalf.
- They’ll protect your rights in the workplace, such as by ensuring you don’t endure wrongful termination.
A lawyer will help you explore legal remedies for the sexual harassment. These include:
- Seeking financial damages. This can include compensation for missed workdays that have resulted in less income.
- Providing employment protection. Working with a lawyer can ensure you don’t get wrongfully terminated because of the sexual harassment claim.
- Enforcing employers to take action. Your lawyer can stop and prevent sexual harassment by ordering management to create anti-harassment training and policies.
- Protection orders. Your lawyer can pursue a protection order to stop the harasser.
Can Your Lawyer Sue for Sexual Harassment?
Your lawyer can help you sue your employer for sexual harassment, but you’ll require evidence that they didn’t ensure a safe workplace. Other evidence to strengthen your case includes proving:
- The sexual harassment was unwanted, unwelcome, and made you feel unsafe.
- The sexual harassment was constant or severe.
- It was reported to management, but they didn’t take action.
- You suffered retaliation. This could include your employer demoting or firing you for expressing the harassment.
Do you need to consult with a lawyer for sexual harassment?
Contact a lawyer on ContractsCounsel. All lawyers on the platform are vetted, with excellent credentials and years of experience in assisting clients stop sexual harassment in the workplace.
You don’t have to go through sexual harassment alone or accept offensive behavior in the workplace. A skilled lawyer can support you through the situation and help you take action against it.