RESPONDING TO SEXUAL HARASSMENT IN THE WORKPLACE

It is important for employees to know their rights and how to respond to harassment in the workplace so that they can protect themselves as well as become change agents to address this systemic problem. Employees have a legal right to report harassment, participate in a harassment investigation or lawsuit, or oppose harassment without being retaliated against for doing so (EEOC, n.d.-b).

Steps to Address Sexual Harassment

First, the harasser should be directly informed that their conduct is unwelcome. This may include:

  • Telling the person that their actions are offensive
  • Refusing all invitations for personal interactions outside of work
  • Not engaging in any sexual banter or flirting in response

Next, an employer also must know or have reason to know about the harassment in order to be held legally responsible. It is best to submit a written description to the employer, including what response is being sought from the employer and harasser. This creates a written record of the complaint (Workplace Fairness, 2023).

The EEOC (n.d.-f) recommends that employees who are being harassed take these actions:

  1. Let the harasser know directly that their conduct is unwelcome and must stop. However, not all victims feel that they can do this, and it may be difficult for them if there is a perceived or actual imbalance of power.
  2. If the employee does not feel comfortable confronting the harasser directly, or if the behavior does not stop, they may:
    1. Check to see if the employer has an antiharassment policy by looking on the employer’s website or in an employee handbook or by asking any supervisor or someone in the human resources department whether there is an antiharassment policy and if so, to provide a copy.
    2. If there is a policy, follow the steps in the policy. The policy should offer various options for reporting the harassment, including the option of filing a complaint.
    3. If there is no policy, talk with a supervisor, either their own supervisor, the supervisor of the person who is the harasser, or any supervisor in the organization. Explain what has happened and ask for that person’s help in getting the behavior to stop.
    4. File a charge of sex discrimination with the EEOC to complain about the harassment. There are specific time limits for filing a charge with the EEOC (180 or 300 days, depending on the work), so the employee must act promptly.

Reporting to the Employer

Whether or not an employee has confronted the harasser directly, it is important that they follow the grievance mechanism that has been established by their employer in order to protect their rights. All employees should become aware of their employer’s grievance mechanism, and employers should explain the process during regular employment-based sexual harassment trainings.

An employer must know or have reason to know about the harassment in order to be held legally responsible. It is best to submit a written description, including what response is being sought from the employer and harasser. This creates a written record of the complaint (Workplace Fairness, 2023).

Following are examples of the questions that an employee may be asked when reporting sexual harassment to their employer:

  • Who, what, when, where, and how: Who committed the alleged harassment? What exactly occurred or was said? When did it occur and is it still ongoing? Where did it occur? How often did it occur? How did it affect you?
  • How did you react? What response did you make when the incident(s) occurred or afterwards?
  • How did the harassment affect you? Has your job been affected in any way?
  • Are there any persons who have relevant information? Was anyone present when the alleged harassment occurred? Did you tell anyone about it? Did anyone see you immediately after episodes of alleged harassment?
  • Did the person who harassed you harass anyone else? Do you know whether anyone complained about harassment by that person?
  • Are there any notes, physical evidence, or other documentation regarding the incident(s)?
  • How would you like to see the situation resolved?
  • Do you know of any other relevant information?
    (EEOC, 1999)

Bystander/Witness Intervention

It is sometimes helpful for coworkers, witnesses, or other bystanders to intervene when they observe harassment taking place, using a variety of strategies. For example, a witness to sexual harassment may assist the victim to leave the situation or get to safety by implementing the CARE strategy.

  • Create a distraction. A bystander can create a distraction in order to interrupt the harassment. However, if the situation is becoming violent, this is not a good intervention.
  • Ask directly. A bystander can speak directly to the victim and ask whether they would like to be accompanied away from the situation.
  • Refer to an authority. A bystander can speak to a manager or security officer. This is the safest way to intervene.
  • Enlist others. A bystander may ask other bystanders or coworkers to help.
    (RAINN, 2023)

Employer Grievance Mechanisms

Whether or not an employee has confronted the harasser directly, it is important that they follow the grievance mechanism that has been established by their employer in order to protect their rights. All employees should become aware of their employer’s grievance mechanism, and employers should explain the process during regular employment-based sexual harassment trainings.