Sexual Harassment in the Workplace
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back to topWhat is sexual harassment?
Sexual harassment is defined by the Employment Equal Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that in a direct or indirect way does one of the following:
- affects your employment,
- unreasonably interferes with your performance at work, or
- creates a work environment that is intimidating, offensive, or hostile.*
Here are a few possible examples that may be considered sexual harassment:
- A supervisor makes sexual advances towards you at work against your will. You are afraid to say anything because you are scared of losing your job.
- You feel scared and upset at work because your co-workers are always staring at your breasts, telling dirty jokes, and saying sexual things about you. You have reported it to your supervisor but nothing is done about it. Your supervisor allows the behavior to continue.
* See U.S. Equal Employment Opportunity Commission (EEOC) website
back to topWhat are the different types of sexual harassment?
There are 2 types of sexual harassment:
- Quid pro quo (a Latin phrase basically meaning “one thing in return for another”) - This is when your employment benefits (i.e., getting a raise, not getting fired, etc.) are tied to giving into your supervisor’s unwelcome sexual advances. For example, your supervisor may tell you that you will get a promotion if you kiss him. Quid pro only applies in cases where the harasser is a supervisor, because a supervisor has the power to grant or withhold employment benefits.* Note: Even if you agree to do what the supervisor asks, it could still be considered sexual harassment as long as the sexual advances were “unwelcome.”**
- Hostile Work Environment- This is where an employee has to deal with offensive sexual comments, unwelcome physical contact, or is exposed to offensive sexual materials as a regular part of the work environment. Generally, a single isolated incident will not be considered sexual harassment unless the behavior was extremely outrageous. The hostile work environment can be created by supervisors, managers, co-workers, or customers.*** Employers may be responsible for the sexual harassment committed by any of these people if the employer does not take steps to stop the harassment once the employer becomes aware of it. Also, the employer could be liable for the harassment of managers or supervisors if s/he does not take appropriate steps to prevent and then correct this behavior.****
* See American Bar Association website
** See American Bar Association website
*** See American Bar Association website
**** See American Bar Association website
back to topWhat can I do to be free of sexual harassment?
You have the right to be free from sexual harassment at work.
If you think you are being sexually harassed, here are some things you may want to consider doing:
- Tell the harasser, verbally, in writing or via email, that you do not approve of his/her conduct and you want it to stop. (Keep records of anything you sent in writing or via email.)
- Write down details about the incident right after it happens so that you have a record of it. Include what happened, including the exact words or language used if you recall it, when it happened, what you did, whether anyone else saw it, and whom you told about it.
- Talk to other employees to see whether they have been harassed as well. You may be able to work together and offer each other support to stop the harassment.
- Report the harassment to your supervisor as soon as possible and ask that it be stopped. If your supervisor is the harasser, report it to your supervisor’s boss.
- File a formal complaint either with your place of employment or your union if these options are available to you. Otherwise, contact the human resources department at your employment. You may also want to file a complain with the appropriate government agency and/or file a lawsuit – see paragraph below for more info.
- Keep copies of any recorded conversations you send or receive about the harassment from anyone at your job. This information may help your case by showing how people responded when you reported the harassment.*
In addition, you may want to consider contacting an employment discrimination lawyer who can look at your case in detail and give you advice about your options. For example, some options may include: filing a charge with the Equal Employment Opportunity Commission, your state’s civil rights agency, human rights agency, or fair employment office. Depending on the case, you may be able to file a lawsuit in court against your employer. You can talk to a lawyer to find out more about the options available in your particular case.
* See the National Partnership for Women and Families’ Know Your Rights Manual
back to topCan I file a complaint with the government? Can I sue the employer?
If you believe you have been a victim of sexual harassment, one of the options you may want to inquire about is filing a charge of discrimination with Equal Employment Opportunity Commission (EEOC). You may also want to know that in certain circumstances, an individual, organization, or agency may file a discrimination lawsuit against the employer on behalf of someone else to protect the victim’s identity.*
Note: There are time limitations for filing a charge but the time limits vary depending on a variety of factors. To read more, go the U.S. Equal Employment Opportunity Commission (EEOC) website’s page called Time Limits For Filing A Charge.
* U.S. Equal Employment Opportunity Commission (EEOC) website
back to topWhere can I find additional help?
You may find legal resources in your area by going to our Finding a Lawyer page and choosing your state from the drop-down menu. Note: Many of the organizations listed on our website may not handle employment cases but you may call to find out if you wish.
To contact the Equal Employment Opportunity Commission’s (EEOC), go to their website or call their toll free telephone numbers: 1-800-669-4000 or 1-800-669-6820 (TDD)
You may also call your state's Office of Civil Rights, Office of Human Rights, or Fair Employment Office - the name may be different in each state.
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