Sexual Harassment in the Workplace
In the past, issues involving sexual harassment in the workplace were less frequently reported due to prevailing social norms and fears of losing one's job. Currently more victims of sexual harassment are stepping forward to report incidents of misconduct. Also, many companies and all government agencies have instituted policies that protect workers against sexual harassment and provide avenues for reporting and resolving disputes.
Definition of Sexual Harassment
Generally speaking, sexual harassment is defined as the unwelcome sexual advances or conduct by one employee that occurs in the workplace.
Sexual harassment includes verbal or physical acts as well written messages such as e-mails or texts. Some states do require the conduct to be severe or pervasive (ongoing and repetitive) such that they create a hostile working environment.
Claims become more crucial when requests for sexual favors are made as a condition of employment or advancement. Also, employees are not to be penalized for reporting sexual harassment, even if the conduct is not severe or is a close judgment call. Most states include a "non-retaliation" clause that states that employers may not reduce wages or fire an employee who has reported sexual harassment.
While most people immediately think of males harassing females in the workplace, sexual harassment laws apply equally to instances where females harass males, or where someone harasses another person of the same sex.
Examples of Conduct that Constitute Sexual Harassment
The guiding principle behind the definition of sexual harassment is the word "unwelcome". Since every person has different standards of which types of conduct are acceptable, sexual harassment can take on innumerable forms. However, here are some examples of conduct that would clearly be considered sexual harassment:
- Touching a person's body or clothing
- Jokes or stories about sexuality, especially inappropriate matters
- Prolonged staring, or whistling ("wolf-whistling")
- Kissing or hugging
- Gestures or signals meant to mimic sexual behavior
- E-mails, texts, or other messages containing sexual content or imagery
- Inappropriate displays of affection in front of co-workers
- Disclosing information or spreading rumors about a person's intimate life
Policies and Reporting Procedures
Employers usually institute their own policies for reporting in the event of a sexual harassment incident. Such policies should define:
- Who an employee should report the incident to
- Steps and procedures outlining how the employer will investigate the claim
- Corrective measures if the claim is verified
- Further measures to prevent future incidents
Federal Law provides for the enforcement of sexual harassment laws through the Equal Employment Opportunity Commission (EEOC). Usually employees are required to file a claim through the EEOC within 180 days of the incident before they are allowed to sue in Federal court.
State Laws also provide for the regulation of sexual harassment in the workplace. Laws and filing deadlines vary, so check with your state authorities for the specifics of your jurisdiction.
Making a Report of the Incident
If you feel you have been the victim of sexual harassment in the form of unwelcome conduct, you should make and keep a detailed report of the incident(s). Include dates, names, and a description of the conduct involved. This will be helpful should you be required to file a case with your employer, the EEOC, or in court.
If the conduct is borderline inappropriate, be sure to include reasons why the conduct was offensive to you specifically. For example, if you have a prior history of being harassed, be sure to state this in your report as it will help support your argument. Harassment is different for each person and authorities will need to know your personal background.
Recap
If you feel that you have been the victim of sexual harassment, do not be afraid to step forward and report the incident to your employer or to legal authorities. You will not be penalized for making a report. Here are some points to consider:
- Sexual harassment is any conduct that is unwelcome, whether it is in the form of physical acts such as touching, or in the form of words such as a joke or an e-mail
- Laws do not discriminate by gender and any employee or employer may be the victim of harassment regardless of their gender or ranking in the office
- Be sure to have basic knowledge of the specific policies mandated by your workplace. Also keep up to date with federal and state laws
- Familiarize yourself with the Equal Employment Opportunity Commission (EEOC)
- If an incident has occurred, make a report that includes the details of the occurrence(s)