Step by step guide on how to recognize sexual harassment & what to do
1. Figure out if what you are experiencing is harassment.
Women often put up with sexual harassment because they do not recognize that it is sexual harassment. According to the Equal Employment Opportunity Commission (EEOC), although sexual harassment can include unwelcome sexual advances or requests for sexual favors, it does not have to be of a sexual nature and can include offensive remarks about a person’s sex. Sexual harassment is a form of sexist discrimination and includes any harassment on the basis of your self-identified sex, gender identity, sexual orientation, or transgender status. Also including any unwanted physical or verbal conduct that creates a hostile work environment. You have the legal right to be protected from sex discrimination under Title VII of the Civil Rights Act of 1964, which outlines protections that Americans have in the workplace. Other laws or employer policies may also protect you from sexual harassment.
2. Record instances of harassment.
Write down instances of harassment, including the names of anyone else who was in the room at the time. Keep these files separate from your work computer in case you lose access for any reason.
It is very important to document what is happening to you, and what you are doing to try to stop it, should you ever have to prove your case to a company investigator, a government agency, or a jury. Start by collecting as much detailed evidence as possible about the harassment. Be sure to save any offensive letters, photographs, cards, or notes you receive. Keep a detailed journal about incidents of harassment, note the names of everyone involved, what happened, and where and when it took place. If anyone else saw or heard the harassment, note that as well. Be as specific as possible about what was said and done and how it affected you, your health, or your job performance. Keep your journal and notes at home or in a safe place outside of work.
Make sure you have copies of your performance evaluations and other important personnel documents. Ask for a copy of your entire personnel file before complaining about a harassing coworker in case your employer tries to transfer, demote, or fire you, or claims your job performance is poor.
3. Assess your company’s climate.
Ask yourself: Is this kind of behavior common in your workplace? Do you feel that your supervisors or human resources staff would be upset by what has happened? Do you believe that any investigation into your complaint would be thorough? Depending on your answers to those questions, you might feel comfortable moving ahead with making a report or, you might be better off finding a way to exit that workplace as soon as possible.
4. Address the issue 1-1, if that feels safe.
Depending on your personal situation, you may feel comfortable simply addressing the issue with the harasser. Try telling the harasser to stop. Although this confrontation may be difficult for you, it is often the most effective way of dealing with harassment. Clearly saying you want the offensive behavior to stop is important, because it lets the harasser know that the behavior is unwelcome. It is also a crucial first step if you later decide to take more formal action against the harasser. If the harasser ignores your oral requests to stop, if you are uncomfortable talking to the harasser face to face, if you are concerned for your personal safety, or are afraid that the harasser might become more hostile when confronted, complain to a supervisor instead.
5. Weigh your options for reporting the harassment.
Depending on your workplace, you may feel more comfortable reporting harassment anonymously, or reporting to someone who isn’t your direct supervisor, such as Human Resources.
Still not sure about whether to report or not?
If confronting the harasser doesn't end the harassment, you should escalate your complaint within the company. Check your company's employee handbook, personnel policies, or manual. Is there a sexual harassment or complaint policy? If so, follow it. If not, ask your supervisor, someone in the human resources, or personnel department how to make a sexual harassment complaint. If you don't get the help you need, move up the chain of command to managers and executives, documenting along the way. Even if your company doesn't have a formal complaint procedure, you should put the company on notice of the harassment. Although it is often difficult to make a complaint at work, and you may prefer to skip this step, don't. The U.S. Supreme Court has said that employees who fail to use their employer's internal complaint procedure to make the company aware of sexual harassment, and to give the company a chance to stop it, may not be allowed to hold the company liable in a lawsuit.
6. Make your report.
Find out what steps you must take and report the conduct so the appropriate actions can be taken by your employer. If your company does not have an HR representative, go to your immediate supervisor or management.
7. File an EEOC complaint.
If your HR representative or supervisors do not support you appropriately, you need to go beyond them. Approach EEOC within 180 days of the most recent incident of harassment. Even if you intend right from the beginning to file a lawsuit, you sometimes must first file a claim with a government agency. For example, an employee pursuing a claim under federal law must first file a claim with the EOCC, and a similar complaint procedure is required under state laws.
8. Consider meeting with a therapist.
Workplace sexual harassment can cause depression, sleep disturbances, work related accidents, and can cause challenges with your ability to perform your job. A licensed counselor can help make sense of what you’re coping with.