Steps Women Can Take If They Are a Victim of Sexual Harassment in the Workplace
Written by Cendy Moliere
Even though sexual harassment is illegal, thousands of women every year are still impacted by it. They can suffer from depression, anxiety, and other health problems because of the stress of ongoing harassment. If you’re experiencing sexual harassment in your workplace or you have experienced sexual harassment in a workplace, you can file a complaint at both the state level and the Federal level.
The Federal Civil Right Act outlaws discrimination, including harassment, at work. Employers cannot discriminate based on sex, orientation, color, race, religion, or country or origin. The penalties for sexual harassment can be severe and can include heavy fines or penalties. It can be difficult to call attention to sexual harassment in the workplace but you have a right to a discrimination-free workplace.
What You Can Do if You’re a Victim
Sexual harassment is never the fault of the victim. You are not to blame for the harassment you’re experiencing. And you can fight back. Find a written copy of the company’s official sexual harassment policy. Usually, you can find the official policy in your employee handbook or somewhere on an internal company server where employment documents are kept. If you can’t find one you can ask HR for a copy. Read the policy closely and make sure that you understand it.
The next thing that you should do is make a list of every incident that has occurred that violates that policy. A good way to do this is start a document with each incident on a separate page. At the top of the page put the date and time of the incident. Then put the names of everyone involved in the incident. Under that put a brief description of what happened. If you have any corroborating evidence like an email, a screenshot, or a witness statement put that in the document too. Keep several copies of this document both digital and printed.
Then you need to send a copy of this document to your boss and to your company’s HR department. You can send printed copies through the mail but use registered mail so that you have a paper trail proving that they received the document. If you email the document have your receipts on so that you can prove they received the email containing the document. You need to send the document promptly however, depending on the type of business you work for you only legally have 180 days or 300 days to send the document. If you don’t send it within that time frame you could lose your right to file a complaint.
Gather as much evidence to support your complaint as you can. Proof of specific incidents is great but you can also gather witness statements as to the company culture that promotes harassment and discrimination to help prove that the company is not enforcing laws against harassment.
Filing A Claim for Sexual Harassment
When you have sent the document you should take the next step, which is filing a formal complaint with the state labor authorities and the Equal Employment Opportunities Commission (EEOC). You can file a complaint online or in person at an EEOC office.
You can also file a claim with your state. For example, in California, you can file a claim with the California Department of Fair Employment and Housing (DFEH). DFEH will investigate your claim and determine the next best steps to take.
The EEOC or DFEH may find that you are owed compensation for any damages and/or your employer may face fines and penalties. They may also give you the right-to-sue, allowing you to file your own lawsuit against your employer for the sexual harassment you experienced.
Even though it can be scary to stand up for yourself against your employer keep in mind that this harassment is probably happening to other women as well and when you stand up for yourself you are standing up for them too.
Sources:
https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
https://www.employmentlawhelp.org/sexual-harassment/document
https://www.eeoc.gov/filing-charge-discrimination
https://www.dfeh.ca.gov/complaintprocess/?content=fileComplaint - fileComplaintBody
https://www.employmentlawhelp.org/sexual-harassment/damages