Sexual harassment in the workplace is a serious issue that affects both employers and employees. It can lead to low morale, decreased productivity, and even legal action. If you're an employer, it's important to know what constitutes sexual harassment and how to prevent it in your workplace. If you're an employee, it's important to know your rights and how to report harassment. In this blog post, we'll cover everything you need to know about sexual harassment in the workplace.
What is Sexual Harassment?
Sexual harassment is any unwelcome sexual behavior that creates an intimidating, hostile, or offensive work environment. This can include physical touching, suggestive comments or gestures, unwanted advances, sexual jokes, or inappropriate messages and images. It's important to note that sexual harassment can occur between people of any gender, and it doesn't have to involve physical contact.
Sexual harassment can also occur through online communications, including emails, text messages, social media, and workplace messaging platforms. Conduct that may seem minor on its own can become more serious when it is repeated or contributes to an uncomfortable or hostile work environment.
Types of Sexual Harassment
There are two main types of sexual harassment:
- Quid pro quo
- Hostile work environment
Quid pro quo harassment occurs when a person's employment is conditioned on their acceptance or rejection of sexual advances or conduct. For example, a supervisor may suggest that an employee will receive a promotion, better hours, or another workplace benefit in exchange for a romantic or sexual relationship.
Hostile work environment harassment occurs when unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment. This can include repeated sexual comments, inappropriate jokes, unwanted advances, or other conduct that interferes with an employee's ability to perform their job.
Sexual harassment does not always come from a supervisor. It can involve coworkers, managers, customers, clients, contractors, or other individuals who interact with employees in the workplace.
Examples of Sexual Harassment
Sexual harassment can take many forms, and recognizing inappropriate conduct is an important first step.
Examples may include:
- Making unwanted sexual comments, jokes, or remarks about someone's appearance.
- Repeatedly asking an employee for dates or sexual favors after they have declined.
- Sending sexually explicit messages, photographs, or other materials.
- Making inappropriate gestures or displaying sexually suggestive materials in the workplace.
- Unwanted touching, hugging, kissing, or other physical contact.
- Making employment decisions based on an employee's willingness to engage in romantic or sexual conduct.
- Making comments about an employee's sexual orientation, gender, or gender identity that are sexual or derogatory in nature.
Whether particular conduct constitutes unlawful sexual harassment depends on the circumstances, including what happened, how often it occurred, and the impact on the workplace.
Preventing Sexual Harassment
Employers have a responsibility to take reasonable steps to prevent sexual harassment in the workplace. This includes creating a clear policy against harassment, training employees on harassment prevention, and promptly investigating and addressing complaints of harassment.
A strong workplace harassment policy should explain what conduct is prohibited, provide employees with clear reporting options, and explain that retaliation for making a good-faith complaint is not tolerated. Employers should also make sure employees know who they can contact if they experience or witness inappropriate behavior.
Employees can also do their part in preventing harassment by reporting inappropriate behavior they witness or experience. Speaking up early can help employers address problems before they become more serious.
Retaliation for Reporting Sexual Harassment
Employees may be concerned that reporting sexual harassment will put their job or career at risk. Retaliation can be a serious concern, particularly when the alleged harasser is a supervisor or someone in a position of authority.
Retaliation may include actions such as termination, demotion, reduced hours, undesirable assignments, threats, or other negative treatment because an employee reported harassment or participated in an investigation. Employees who believe they have experienced retaliation should document what happened and consider seeking legal advice about their options.
What Should You Do If You Experience Sexual Harassment?
If you experience sexual harassment at work, consider taking the following steps:
- Keep records. Write down what happened, including dates, times, locations, people involved, and any witnesses.
- Save relevant communications. Keep emails, text messages, workplace messages, photographs, or other materials that may document the conduct.
- Review your employer's policy. Your employee handbook may explain how and where to report harassment.
- Report the conduct. Depending on the circumstances, you may report the behavior to a supervisor, HR department, or another designated person.
- Document what happens afterward. Keep records of your complaint and any subsequent changes in your treatment at work.
- Consider legal advice. An employment attorney can help you understand your rights and potential options based on the specific circumstances of your situation.
You do not have to handle workplace harassment alone. Friends, family members, counselors, and qualified legal professionals may also be sources of support.
Reporting Sexual Harassment
If you've experienced sexual harassment in the workplace, it's important to consider reporting it to your employer or HR department when appropriate. Depending on the circumstances, you may also be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a state or local agency.
Because employment laws have specific deadlines and requirements, it is important not to wait too long before learning about your legal options. The deadlines that apply can depend on the facts of the case and where the conduct occurred.
If you are unsure whether conduct qualifies as sexual harassment or whether you have a potential legal claim, speaking with an employment lawyer can help you better understand your options.
What Employers Should Do After a Complaint
Receiving a harassment complaint can be challenging for an employer, but taking the complaint seriously is essential. Employers should have a consistent process for responding to complaints, conducting appropriate investigations, protecting employees from retaliation, and taking corrective action when warranted.
Employers should also avoid assuming that a complaint is unfounded simply because there are conflicting accounts of what happened. A fair and thorough investigation can help establish the facts and determine the appropriate response.
Contact Our Silver Spring Sexual Harassment Lawyers
Sexual harassment in the workplace is a serious issue that can have long-lasting effects on both employers and employees. By understanding what constitutes sexual harassment, how to prevent it, how to report it, and what protections may be available, we can create safer and more productive work environments.
If you believe you've experienced sexual harassment or retaliation in the workplace, don't hesitate to seek legal assistance from a trusted employment law firm like Emejuru Law, LLC.
Come to Emejuru Law to discuss your situation in a safe and confidential environment. Send us an online message or call (240) 607-5552 to schedule your initial consultation.