Sexual harassment remains a significant workplace issue, with the Equal Employment Opportunity Commission receiving thousands of harassment charges annually. According to EEOC data, workplace harassment charges consistently represent a substantial portion of all discrimination complaints filed each year. Research indicates that many incidents go unreported, suggesting the actual prevalence may be higher than official statistics reflect.
What qualifies as workplace sexual harassment?
To start, it’s important to understand exactly what type of behavior may qualify as sexual harassment before you take action. For something to qualify as sexual harassment, an employer or co-worker must repeatedly harass an employee on the basis of their gender or sexual orientation, making repeated unwanted sexual advances, or making what’s known as “quid pro quo” sexual advances. This essentially means that the employer requests sexual favors of an employee in exchange for giving the employee certain benefits, such as a promotion or pay raise.
All of the aforementioned are likely valid grounds for a sexual harassment claim against an employer or co-worker, but it is important to note that not every type of insulting behavior may qualify. For example, a one-off “joke,” no matter how rude, likely won’t reach the legal standard of harassment. If you believe you are a victim of sexual harassment, it is paramount that you speak with a lawyer who can help determine whether your circumstances may qualify for a valid claim.
What should I do if I am a victim of sexual harassment?
Victims of sexual harassment are often made to feel uncomfortable, scared, or pressured into doing certain things out of fear they will lose their job. However, it’s important to understand that if you have a bad feeling in your gut about your employer’s or a co-worker’s conduct, you should trust it and start to take action.
If you are being harassed by a co-worker, you should speak to your employer or a supervisor about the conduct and inform them that you want it to stop immediately. If this doesn’t work, or if your employer is the one harassing you, you should consider reporting the harassment to your HR department. If you have no HR department or the harassment still persists after reporting it to HR, then you should consider filing a sexual harassment claim.
This can include keeping a journal about the harassment and keeping any text messages, emails, or other correspondences that may prove the act(s) of harassment. From here, you should reach out to a knowledgeable employment lawyer who can assess the facts surrounding your case, and, from there, file a sexual harassment claim on your behalf.
If you have any further questions or believe you have a valid claim, simply reach out to RD Law Group today.
