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Sexual harassment in the workplace FAQ:
This is a quick, but comprehensive list of commonly asked questions regarding sexual harassment in the workplace.
While the #Metoo, #TimesUp, and #WhyIDidntReport movements helped bring media attention to the issues surrounding sexual harassment and sexual assault, it still has a long way to go. Luckily, many states including New York are passing bills requiring employers to provide more thorough sexual harassment policies and training. It’s a good first step, but it doesn’t end there. If you’re company or employer does not provide training, here’s a quick sexual harassment in the workplace FAQ to answer the most common questions.
1. What is sexual harassment?
Sexual harassment is a form of sex discrimination and it is any unwelcome behavior that is directed toward you due to your sex.
2. Is it still sexual harassment if the harassment was based on gender or sexual orientation?
If the behavior is pervasive and severe it is illegal harassment and/or discrimination on the basis of gender or sexual orientation.
3. Who can be sexually harassed?
Victims of sexual harassment can be either gender. A harasser can also be either gender. Victims and harassers can also have any positions in a place of employment. They can also be contractors, vendors, and customers.
4. Do you have to suffer an injury before you can report sexual harassment?
Victims of sexual harassment do not have to suffer a physical or mental injury. If the harassment is severe, pervasive and creates a hostile work environment, that is enough to not only file a complaint, but also file a lawsuit.
5. What steps should you take if you suffered sexual harassment in the workplace?
If you’ve suffered severe and pervasive sexual harassment you should keep details of the events. (One off-hand crude joke would not be considered “severe or pervasive”, but constant inappropriate jokes daily of a sexual nature or one severe sexually explicit story may be considered severe or pervasive. It depends on the particulars of the case.) Keep emails and texts. Write down what was said to you, by whom, what the dates and times are, and who was also present if there were witnesses. Find out if the witnesses will back up your claims.
Depending on the severity, write to the harasser and tell them that their behavior is unwelcome. Keep a record of it. If it continues file a complaint with your supervisor or the company Human Resources. Keep track of the investigation. If no investigation takes place, consult with an attorney about the facts of your case.
6. Can you lose your job for reporting sexual harassment?
If an employee loses their job for reporting sexual harassment or speaking up as a witness to sexual harassment they may have a strong lawsuit against their employer. It is illegal to retaliate against an employee for filing a sexual harassment in the workplace complaint.
7. Should you hire an attorney?
If your sexual harassment complaint was brushed under the rug and ignored or if you suffered retaliation of some form for speaking up and complaining, you may be able to file a lawsuit and sue for compensation. It is illegal for an employer to retaliate against an employee for filing a harassment complaint. Retaliation is not only in the form of dismissal from a job, but it could also be demotion, loss of benefits, or given poor scheduling.
If you do not see your question there, please send us a message and we will be happy to provide you with additional information.
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