(Newswire.net — December 10, 2020) — When the man who was sexually harassing me at work was fired, I was nearly fired too. Even though I reported the harassment, I let it continue for weeks if not months before I did so. I was so worried about making waves or losing my job that I kept the harassment a secret. It turned out that was a mistake that put the company at risk.
Even after the Me Too movement shined a spotlight on sexual misconduct across society, sexual harassment in the workplace remains an all too common problem. Sexual harassment is unacceptable, and it can make working life unbearable for its victims. If you think that you may have been subjected to sexual harassment, consult this guide for advice on how to deal with it.
Is it sexual harassment?
In order to qualify as sexual harassment, the conduct must be serious or pervasive. It must offend the subject and also be offensive to a reasonable person. According to federal law, this kind of inappropriate conduct at work reaches the level of sexual harassment if it:
- Affects someone’s employment explicitly or implicitly
- Unreasonably interferes with someone’s work performance
- Creates a hostile, intimidating, or otherwise offensive work environment
You should try to establish whether the conduct in question amounts to sexual harassment. Sexual harassment can take many forms. Among the most common are inappropriate sexual remarks and pressure for sexual activity. Such behavior is particularly problematic if it is directed by a superior to a more junior member of staff.
Saying ‘stop’
Anyone subjected to sexual harassment by a manager or other colleague should consider telling the perpetrator to stop. This request could incorporate a clear explanation as to why the conduct is offensive. In some cases, a firm statement that the behavior is unacceptable may be enough to prevent it from being repeated.
Too often, however, a request from a victim is not honored by the perpetrator. A subject of sexual harassment should not have to repeatedly ask a harasser to halt inappropriate conduct. In cases of persistent harassment, the problem should be reported to company leadership.
Filing a formal complaint
The next step for any victim of sexual harassment is to initiate a complaint to their employer. Companies employing 15 people or more are subject to federal laws against sexual harassment and must have procedures and guidelines in place to deal with complaints.
Employees are typically given a copy of their company’s policy on sexual harassment and other problematic behavior when they are hired. This should include clear details on how a complaint should be filed and to whom it should be submitted. A company’s head of human resources is often responsible for fielding such complaints.
A complaint should be written in an email or a letter. It should be clear and detailed. Try to include as many specific examples of sexual harassment as possible and provide dates of when incidents occurred. It is also important to explain what impact the harassment has had on your working life.
Consider hiring an attorney
If a company fails to deal with a legitimate report of sexual harassment, a victim may need to hire an attorney in order to bring legal action. A lawyer can help an employee to pursue compensation and financial damages from a perpetrator of sexual harassment and an employer that failed to deal with the problem.
One example of a high-profile sexual harassment case involved six women who accused former Fox News prime-time anchor Bill O’Reilly of sexual harassment secured major financial settlements from O’Reilly and Fox News when they retained attorneys and threatened lawsuits that could have proven even more expensive and embarrassing.
According to the lawyers that successfully sued Bill O’Reilly, some of the sexual harassment red flags you should look out for at work include:
- Being made to feel uncomfortable by a supervisor or peer
- Being subjected to crude language around the office
- Being unnecessarily touched by a coworker
- Being pressured for or into sex
These red flags closely match the experiences the plaintiffs in the O’Reilly case faced. Lis Wiehl, a legal analyst who appeared on O’Reilly’s show for more than 15 years, alleged that O’Reilly had pressured her for sex, sent her pornography and consistently harassed her. O’Reilly agreed to pay $32 million to settle Wiehl’s legal action against him.
If I could go back in time and do it all over again, the first time my former co-worker sexually harassed me I would have reported it to human resources, and I strongly suggest you do the same if you are a victim. Staying silent won’t help you and it won’t help your company. The only person it’ll help is the perpetrator of the harassment.