REPORTING EMPLOYEE SEXUAL HARASSMENT TO THE EEOC
While it is recommended that all employers have in place policies and a mechanism for reporting sexual harassment to outside entities, it is not always the case that they do. Employees who believe they have been the victim of sexual harassment at the workplace have the right to file a charge of sex discrimination with the Equal Opportunity Employment Commission (EEOC) and/or the appropriate state agency to complain about the harassment.
It may make sense to wait to see if management corrects the harassment before filing a charge with the EEOC. However, if management does not act promptly to investigate the complaint and undertake corrective action, then it may be appropriate to file a charge. The deadline for filing an EEOC charge is not extended because of an employer's internal investigation of the complaint (EEOC, n.d.-g).
The EEOC receives charges of discrimination (sexual harassment) from employees whose workplace consists of 15 or more workers; labor unions and organizations; employment agencies; and state, federal, and local government agencies, as described in Title VII of the Civil Rights Act of 1964.
A charge of discrimination is a signed statement asserting that an organization engaged in employment discrimination. In general, a charge must be filed within 180 calendar days from the day the discrimination took place (or 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis). It is best to file as soon as possible.
A charge of discrimination can be completed online, in person, or by mail:
- Online. The EEOC’s Public Portal asks a few questions to help determine whether the EEOC is the right federal agency to handle a complaint and to begin the filing process.
- In person at an EEOC Office. Appointments can be scheduled online or by walk-in. An in-person interview with an EEOC staff member is recommended as the best way to assess any sex discrimination and determine whether filing a charge of discrimination is the appropriate path. It is helpful to bring any information that will help EEOC staff understand the case as well as names and contact information for other people who know about what happened.
- By mail. A charge can be filed by sending a letter that includes information on the person filing, their contact information, a description of the harassment, when it took place, and other details. The EEOC will review the letter and respond as needed for more information.
EEOC does not take charges over the phone, but an individual can call 800-669-4000 to discuss their situation and for an explanation on how to file a charge.
Federal employees and applicants for federal jobs have a different complaint process and generally must contact an agency EEOC counselor within 45 days (EEOC, n.d.-d).
(For more details on reporting sexual harassment to the EEOC, see also “Resources” at the end of this course.)
SUING AN EMPLOYER OR HARASSER
The Civil Rights Act of 1964 also allows victims and witnesses of sexual harassment in the workplace to file a lawsuit against the employer and/or harasser. The victims can request a right to sue letter from the EEOC and then file a lawsuit in the state and federal courts with this letter (U.S. EEOC, n.d.-a).
VICTIM RELUCTANCE TO REPORTING
Many victims of sexual harassment delay reporting or choose not to report at all, and sexual harassment is thought to be underreported among clinicians, with multiple factors contributing to the reluctance to report. These include:
- Lack of knowledge of how to report and what situations may be reported
- Lack of trust in the authorities
- Lack of proof of the incident
- Minimization of the incident by the employee
- Fear of negative repercussions, including damage to one’s reputation
In addition, human response to trauma includes fight, flight, freeze, and fawn. When this response is applied to sexual harassment in the workplace, an employee who “fights” is the employee who shares the situation and files a complaint. The employee whose response is “flight” may change jobs, transfer, or resign. The “freeze” response includes someone who does nothing and suffers in silence. Appeasement of the perpetrator, assuming the role of a silent bystander, or maintaining a relationship with the harasser are examples of “fawning.”
(Women in Global Health, 2022)
“WHISTLEBLOWER” PROTECTIONS
Under Title VII of the Civil Rights Act of 1964, anyone who reports sexual harassment or opposes practices by their employer that are discriminatory on the basis of sex, who files a discrimination charge, or who testifies or participates in an investigation or litigatory process is protected from retaliation (EEOC, n.d.-f).
Illegal retaliation by employers includes:
- Discrimination against the claiming individual
- Firing the claiming individual
- Demotion or stripping title, duties, or responsibilities
- Threats against the claiming individual
- Harassment