Making a Sexual Harassment Complaint
There are several guidelines to follow in regards to sexual harassment and the
workplace. First, you have a right to maintain a private life separate from your
workplace and dating another employee does not permit other employees to
harass you. Should you encounter misconduct at the workplace, be sure to object
right away and at any time you find the conduct to be offensive or significant. If
there is company policy on sexual harassment at your work place, be sure to follow
it precisely.
If you are a victim of sexual harassment by a co-worker or supervisor, or even a
customer, it is your duty to report the misconduct to Human Resources, a
supervisor or other person with authority at your place of work. When making a
complaint, be sure to do so in writing whenever possible and keep a copy. Also be
sure to make a note of their exact response.
Under some circumstances, such as severe physical or verbal assault or if your
employer is involved in the harassment, it may be more appropriate to make your
complaint to the police or the EEOC. Please be mindful that there is a 180 day time
limit from the date of the harassment to file a complaint. Please contact our office
to discuss your case so we can help to ensure that deadlines are met and to help
you through the process if your case is merited.
Your employer is legally obligated to investigate your allegations and attempt to
resolve the issue in a reasonable manner. Be aware that the harasser may not be
fired based on the seriousness of the misconduct and if it is his or her first offense.
After corrective measures have been made, yet they are not working after a period
of time, notify your employer that additional action needs to be taken.
Failure to report that you were harassed by a co-worker will cause you to lose your
sexual harassment claim. If your employer fails to nothing in regards to your
complaint, it is your right to file sexual harassment charges with the EEOC.
Hostile Work Environment Sexual Harassment
Hostile work environment is a form sexual harassment based on sex and it subjects
an employee to explicit or implicit conduct of a sexual nature. It can be verbal or
physical and it unreasonably interferes with an individual’s employment and work
performance by creating a hostile, offensive, or intimidating work environment.
Examples of a hostile work environment are unwelcomed sexual advances, posting
pictures with sexual content, and allowing/tolerating behaviors that are sexually
suggestive.
Quid Pro Quo Sexual Harassment
Quid pro quo is a reciprocal form of sexual harassment. It requires an employee to
succumb to unwelcome sexual conduct. For example, requesting sex, in exchange
for anything related to employment, such as threatening to alter the terms of
employment, including any tangible benefits, a promotion or requirement to
maintain an individual’s current position. One example where a superior would be
at fault for quid pro quo sexual harassment is if he or she tells you that you will not
be considered for a promotion unless you have sex with him or her.
If you think you have been experienced sexual harassment, take immediate
action. Please NOTE: You have 180 days to file from the last date of
discrimination. Contact Our Employment Lawyers now at 770-955-0100.