One of the forms of workplace discrimination that is recorded most often is sexual harassment, according to the U.S. Equal Employment Opportunity Commission. Cases of sexual harassment are covered by Title VII of the Civil Rights Act of 1964.
According to the 2024 Women in the Workplace Report by McKinsey, about 40% of women in jobs in the corporate sector at some point in their careers experienced sexual harassment. Such behavior has both professional and emotional implications and could bring about a change in the overall job safety of an employee.
Involvement of harassment at the work level can manifest in certain actions such as unwanted sexual attention, sexist jokes, demands for sexual favors, or any offensive behavior originating in sex, which has the effect of creating a hostile environment.
According to existing statutes, employees who experience any form of sexual harassment support have legal remedies at both the federal and state levels. It is necessary for these to document every relevant detail, report the event in time, and be aware of the resources available for such a situation.
Let’s take a look at the steps to take when an individual is facing sexual harassment at work and the legal options available to affected employees.
Start Documenting Immediately
Take notes about your experience as quickly as possible. Documentation should be started as soon as you obtain the information. Include the date, the time and place, and both the exact words and verbatim actions. List every other participant of the scene. Save every email and text tied to the situation. Do not delete anything, even messages that seem to contain sensitive information.
A detailed record has way more weight than a recollection that’s stitched together months later, both in an internal investigation and in any legal proceeding that comes afterwards.
- Organize the names of anyone who saw what happened, or who you later told about the incident
- Keep a personal copy of your notes somewhere outside the workplace
- Keep the details of the case out of group chats. You have every right to speak with coworkers about working conditions, but stray retellings can affect an investigation later.
Report It Through the Proper Channels
Many employers have a written policy for reporting harassment. Usually, employees report these cases to the human resources department or some designated compliance person.
Try to set your complaint down on paper instead of only talking it through. Putting it in writing proves your employer was aware of the issue and requires them to act.
If you haven’t read the company’s discrimination and anti-harassment document, you can ask for it. You should be informed on how to undergo the process related to the document. Keep copies of everything you send, even if it seems overindulgent at some point.
Understand Your Legal Protections
In accordance with federal law, an organization that has 15 or more workers should not tolerate any kind of sexual harassment.
California goes further. The state’s Fair Employment and Housing Act (FEHA) protects employees from workplace harassment even if an employer has only one employee. By contrast, Title VII of the Civil Rights Act generally applies only to employers with 15 or more employees.
Retaliation Is Illegal, but It Still Happens
Being demoted, disciplined, or even terminated following a good-faith complaint about harassment constitutes a violation on its own and not part of the act of harassment.
Retaliation has been the single most frequently filed charge with the EEOC for seventeen straight years, appearing in nearly half of all charges filed in fiscal year 2024.
If retaliation happens to you, carefully document it. Your documentation can be used as evidence for your claims.
When to Bring in an Employment Attorney
When a worker’s employer does not investigate, minimizes, or suddenly retaliates against a claimant, that is often the time that advice from an employment lawyer should be sought. In this kind of situation, you should avoid moving forward with the proceedings alone.
Legal assistance can come in the form of hiring a lawyer. Employment lawyer Natalia D. Asbill-Bearor of Asbill Law Group, APLC, routinely supports clients with hostile workplace conditions and sexual harassment claims.
A lawyer’s work includes gathering supporting evidence and filings through the EEOC or state civil rights agencies when the internal process is insufficient.
Moving Forward
The issue of harassment can be very upsetting at work. It is not uncommon for an affected individual to be silent and avoid the commotion. Still, if you keep a clear record, file a solid report and get a basic feel for the legal protections available to you, you’ll be in a far stronger position with your case. Knowing how to proceed when facing workplace sexual harassment helps you make sound decisions about your case.
