Sexual harassment at the workplace can happen in different forms. Some can be blatantly obvious, and some can be subtle and pervasive in nature.
However, all kinds of harassment are quite distressing for the victim. So, you need to know all about sexual harassment at work to handle it legally.
This will help in maintaining a safe work environment for everyone. Additionally, it can help you take a stand against inappropriate behavior.
Whether the perpetrator is passing a sexist joke or commenting inappropriately, you need to identify the cues for sexual harassment. This is crucial if you want to stand up against it effectively.
So, if you are wondering how to handle workplace sexual harassment legally, I have brought you the perfect guide.
Here, I have discussed how to recognize inappropriate behavior, document incidents, know your legal rights, and the steps to take when engaging with human resources (HR) and legal avenues.
Keep reading to know more!
How To Recognize Workplace Sexual Harassment?
The first step in fighting against workplace sexual harassment is to identify the inappropriate behavior. So, without recognizing the pervasive nature of someone’s advances, you cannot stop it.
However, sexual harassment need not be only physical advances, it can also be verbal or psychological. So, it is kinda imperative that you identify them at the initial stage.
For instance, if someone talks inappropriately or tells sexist jokes or comments, that is a kind of sexual harassment at work. It disrupts the safe work environment. Making it hostile and uncomfortable.
Moreover, if someone physically does anything inappropriate, like touching you with bad intentions or deliberately making you feel uncomfortable, that’s also sexual harassment.
Additionally, if someone is treating another employee differently because of their gender, that is a very serious form of sexual harassment at work. And, absolutely unacceptable.
Apart from these, you might also experience quid pro quo harassment, where your career advancement is affected because you refused to give sexual favors to your supervisor.
This basically tries to make you comply with the superior’s unwanted advances using a condition that affects you severely.
Whether you are experiencing these or you see someone else going through these, you need to take a stand and stop it.
So, by following the cues, you can easily identify these instances and take steps to stop them. This will make the work environment safe, comfortable, and work-appropriate.
Why Should You Document The Inappropriate Incidents?
When you are filing a case against your perpetrator, you will need evidence to prove your complaints and justify your case. So, accurately documenting the scene is a necessity.
To ensure that you are documenting the incident properly, you need to follow a few things:
- Record the exact date, location, time, and details of the scene. Do not ignore anything that might prove the inappropriateness of their behavior.
- Try to find witnesses for the incident. The more people you can find, the better for you.
- Also, include the names of people who were there during the incident.
- Keeping a documentation of all these things is crucial. So, you can store them digitally on cloud storage to retrieve them whenever you need.
- Also, make more than one file of documentation. You never know how they will remove the evidence. So, it is safe to always have multiple copies stored separately.
Involving Human Resources In The Incident
To stop workplace sexual harassment, you need to approach the human resources (HR) and report the incident. Once you report, the HR manager will familiarize you with the company’s policies on sexual harassment.
So, based on the policies, you can understand how your report will be considered and handled by the firm. Moreover, you should provide a copy of your documentation to HR.
This will act as proof for your claims. So, make sure you focus on the facts and details, rather than being emotional and impulsive.
In case you feel nervous, you can bring in a trusted colleague with you. They can support you through the process and add their perspective to the incident.
Moreover, maintain a written flow of documents between you and the HR manager. This will be important moving forward with the case.
What Are Your Legal Rights In Sexual Harassment At Work?
Before moving forward with the case, you need to familiarize yourself with your legal rights. With the right understanding of the relevant laws that provide you protection, you can fight your case with confidence.
1. Federal Laws
You need to know about the federal laws that prohibit discrimination of sexual preferences in the workplace. This law prevents unwanted gender discrimination.
Moreover, the federal laws provide protection to victims of unwanted and inappropriate behavior at work.
Whether it was from a coworker, supervisor, client, or customer, you will be protected by this law to ensure you can work in a safe environment.
2. Equal Employment Opportunity Commission (EEOC)
With the EEOC, you can file a case against your superior asking for sexual favours to provide you with an opportunity at work.
So, if you are being forced to comply with someone’s unwanted advances, you can file a case against them. And, under the EEOC, you will get protection and justice.
Additionally, the EEOC investigates the case and ensures to settle the case on behalf of the victim. So, you won’t have to go through the legal complexities and settle the case.
Your Legal Guide: Why You Should Hire An Attorney For Sexual Harassment?
Seeking legal advice and consulting an attorney for your workplace sexual harassment case is quite important. With their expertise and legal knowledge, they can guide you through the entire process.
Moreover, your lawyer can explain to you the intricacies of the employment law and familiarize you with the different forms. So, you can legally handle the case.
Furthermore, they can help you get monetary compensation for the mental and emotional stress you went through during the incident.
Also, if you have been removed from your position, your lawyer can help you get your job reinstated after you have lost your work.
So, having legal help can benefit you in countless ways in fighting your case. Now that you know how to legally handle workplace sexual harassment, take a stand and fight your case with courage and confidence.
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