Sexual harassment in the workplace causes harm to those who are harassed, creates an uncomfortable work environment, and makes it difficult for employees to work productively. Despite the #MeToo movement starting to highlight and create critical conversations about sexual harassment in the workplace, we still see cases happening regularly.
The Equal Employment Opportunity Commission (EEOC) states that sexual harassment in the workplace is unlawful. In this article, we take a more definitive look at identifying different kinds of sexual harassment and dicuss what to do if you are experiencing harassment.
Identifying Different Types of Sexual Harassment
Per the EEOC, sexual harassment is a type of discrimination that is a violation of Title VII of the Civil Rights Act of 1964. There are many different examples of what sexual harassment looks like, but here are some of the most common:
Quid Pro Quo
Quid pro quo, a Latin phrase meaning “something for something,” is a type of sexual harassment that involves the exchange of sexual favors for different benefits. This kind of harassment usually happens when someone in a powerful position, like a manager or supervisor, pressures an employee to carry out sexual favors to avoid termination or in exchange for hiring, promotion, or other opportunities. Many employees feel pressured to comply in these situations.
Hostile Work Environment
Hostile work environment claims arise when sexual harassment has caused a gender-based uncomfortable atmosphere in the workplace. Harassment can be verbal or physical to people of all genders, although sexual harassment is more commonly directed towards women.
Physical Harassment
Unwelcome touching (especially touching of a person’s intimate areas) can be very damaging to an individual. In some cases, it can be severe enough to be considered assault/battery or even sexual battery.
Examples of physical harassment include:
- Unwanted touching of clothing, skin or hair
- Unwanted shoulder rubs
- Unwanted patting or petting
- Any other physical action that makes a person feel uncomfortable or threatened
Verbal Harassment
Sometimes, verbal harassment can be more difficult to spot. It can include unwelcome comments or jokes of a sexual nature or that denigrate a person’s gender. Verbal harassment can range from casual remarks to explicit propositions and threats. Even seemingly harmless comments can lead to a hostile work environment if they are persistent and unwanted.
Non-Verbal Harassment
Non-verbal harassment can include unwelcome gestures or visual displays of a sexual nature. It can involve making suggestive gestures, leering, or displaying sexually explicit objects or images in the workplace.
Online Harassment and Cyberbullying
During COVID, many businesses and organizations changed to remote or hybrid work models, resulting in employees communicating online more than ever. Online harassment, also called cyberbullying, occurs when the harasser sends unwelcome sexual/sexist electronic communications to the victim, including explicit emails, texts, or social media messages, as well as sharing inappropriate videos or images.
Retaliation
Retaliation in the workplace is illegal. When someone reports a workplace issue (like sexual harassment), participates as a witness during a harassment investigation, encourages a victim to go to HR, or requests accommodations because of religion or disability, individuals are legally protected from retaliation.
Retaliation occurs when a harasser wants revenge on the reporting individual, when the employer makes negative changes to the complainant’s work environment/position/wage etc., or when an employer fires the complainant due to his/her reporting activities. Many employees fear reporting issues because of this type of abuse. Organizations should ensure they are creating a safe workplace for all so individuals don’t feel reluctant to report harassment and other forms of discrimination.
Victims of Sexual Harassment at Work
It’s important to note that words or actions can be considered to be sexual harassment even if the harasser is the same sex as the victim. Similarly, the victim does not need to be the direct recipient of the harassment. If it is an ongoing issue with repeatedly hearing or witnessing unwelcome sexual/sexist behavior or conduct, it can qualify as a sexual harassment case.
There are many myths about workplace sexual harassment that can prevent victims from seeking help. Victims of sexual harassment in the workplace often experience a wide range of emotional and physical responses that may feel alienating and difficult. If you have experienced sexual harassment, it is crucial for you to address the situation.
Taking the following steps can help you stand up to sexual harassment in the workplace.
1. Address the Harasser
If the harasser is not a supervisor or manager, you may need to inform the harasser that their behavior is unwanted and inappropriate. This can serve as a warning because the harasser may not realize their actions are considered harassment.
If confronting the harasser is uncomfortable for the employee, they should consult with a supervisor or Human Resources (HR) to make a report.
2. Document and Collect Evidence
Collect and document evidence of the harassment, including emails, texts, or notes. Take note of what you (or others) have seen/heard that may qualify as sexual harassment, including where it occurred, when, what was said/done, and who else may have witnessed it.
In addition, take note of how the sexual harassment impacts you, your work performance, and your overall well-being. It is important to keep details about how sexual harassment has affected you mentally and physically, including impacts on your life outside of work.
3. Inform Human Resources
Your company’s HR department is responsible for preventing and dealing with sexual harassment. HR should be made aware of harassment in order to make the workplace a safe environment for everyone. Reporting harassment to HR also can enable them to prevent future cases, and identify ways to improve policies and procedures.
Turn to Lori Peterson to Help Fight Sexual Harassment in the Workplace
You don’t need to fight sexual harassment alone. Finding support after sexual harassment occurs can help you and others in the workplace. An experienced sexual harassment lawyer will know how to find available evidence and present your case for the best possible result.
You may not think you need a sexual harassment attorney, but having one on your side provides many benefits. An attorney will know the laws, represent you in court, and help you organize your sexual harassment claim to create a winning strategy.
Lori Peterson will partner with you every step of the way in your sexual harassment case. With a long track record of successfully representing those harmed by sexual harassment, racism, homophobia, and other forms of discrimination, Lori thinks outside of the box to address your situation and find creative, strategic solutions.
Contact us today to regain your power, make your voice heard, and create positive change in your life after sexual harassment. You deserve to move on, be happy, and get the justice you deserve.
