What Are Your Rights as an Employee Facing Sexual Harassment?

Sexual harassment at work is an untenable problem that is growing more acute today. Sexual harassment isn’t just about unwanted touching; it can be making comments about something inappropriate or even creating a hostile work environment. Employees should be able to feel safe and be respected while at work. If you or anyone with you has experienced a problem like this, you should be aware of your rights as an employee. In this blog, we’ll help you understand your employee rights if you are facing harassment at work. You’ll learn about what constitutes sexual harassment and what legal rights you have, as well as what steps you can take to protect yourself.

What Types of Sexual Harassment are There?

Sexual harassment is any unwelcome sexual behavior that causes an intimidating, hostile, or abusive work environment, which can affect your job and your mental well-being. Sexual harassment falls into two types of harassment:

Quid Pro Quo Harassment

This type of harassment occurs when the person (like a manager or supervisor) who is in power demands sexual favors in exchange for job benefits (such as promotions or raises). In some cases, they demand sexual favors just to keep your job. Let’s understand this type of harassment with the help of an example. If a supervisor suggests that your job performance will be more favorable if you go on a date with them.

Hostile Work Environment

A hostile work environment includes unwanted conduct that is sexual in nature or based on your gender. Such behavior can make your work environment more hostile. A hostile work environment may include:

• Sexual jokes or comments
• Repeated, unwanted romantic advances
• Sharing sexually explicit materials
• Inappropriate touching
• Comments about your appearance or body

If you are experiencing harassment or a hostile environment at work, you do not have to put up with this behavior. You are entitled to protection from such harassment, as federal and state laws can safeguard you.

What Are Your Rights as an Employee Facing Sexual Harassment?

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits sexual harassment as a form of sex-based discrimination. Under this act:

• All employers with 15 or more employees must act in accordance with the law.
• Employees are protected from harassment by anyone-bosses, coworkers, clients, or contractors.
• You are protected from retaliation if you report harassment.
• The federal agency responsible for enforcing this law is the Equal Employment Opportunity Commission (EEOC).
• Under State Laws, you are protected, as many states provide additional protections beyond federal law.
• Harassment doesn’t need to be extreme; even one incident may be enough.
• All employers, regardless of size, must act in accordance with the State law.
• You are allowed to file with the New York State Division of Human Rights.
• You have up to 3 years to file a claim under state law.

Note: Always check the laws in your specific state. Some laws may offer broader protections or longer filing deadlines than federal law.

What are Your Core Rights as an Employee?

Whether you are working in a corporate office, a small business, or remotely, you have core rights as an employee when facing sexual harassment. Your rights may include:

1. Employers are legally required to prevent sexual harassment in the workplace. If anyone is facing harassment, employers need to address the issue.

2. You have the right to file a complaint or report harassment without any fear of losing your job or being punished.

3. Employees have the right to be free from retaliation. It’s illegal for an employer to put up a fight against you for:

• Reporting harassment
• Participating in an investigation
• Supporting another employee’s claim

Retaliation from the employer can include being demoted, fired, or treated unfairly.

4. Employees can file a complaint with their state agency or EEOC, even if their employer discourages it.

5. If your case remains unsolved through an agency, you have the right to sue your employer in the civil court.

What Steps Should You Take if You’re Harassed?

Steps you can take if you are being harassed in your workplace may include:

• Document everything from dates, times, what was said to you, and who was involved in the case. You can save screenshots, emails, or messages if applicable.
• You need to follow the reporting process of your company. This process generally means notifying HR about the case.
• If the internal complaint remains unresolved, you feel unsafe, you have the right to file a charge with the EEOC within 180 to 300 days of the incident and your state’s human rights agency.
• Consulting an sexual harassment lawyer can be helpful. A lawyer can help assess your case, protect your rights, and negotiate a settlement on your behalf.
• Harassment takes an emotional toll. Seeking support is as important as taking legal action.

What Should Employers Be Doing?

Employers legally need to:

• Have a written sexual harassment policy.
• Provide training to all employees and supervisors.
• Offers a clear process for reporting harassment.
• Take immediate and suitable action when a complaint is made.
• Prevent retaliation or further harassment.
• If your employer fails to do these things, they can be held accountable.

Final Thoughts

Sexual harassment is never “part of the job.” Individuals are entitled to raise concerns, seek justice, and work in an environment where they do not fear or are made uncomfortable. Verbal harassment, unwanted or inappropriate messages, or physical advances are all unacceptable behaviors to be subjected to, and the law will protect you. You are not alone.

If you don’t know what to do next, reach out to an experienced employment lawyer to prevent sexual harassment, or you can file a complaint with the EEOC, or even your state human rights agency. You deserve to work with dignity and respect. Period.

Frequently Asked Questions:

Question 1. Can I be fired for reporting sexual harassment?

Answer. No. Retaliation is illegal. If you are fired or suffer other mistreatment after reporting sexual harassment, you may have a claim for retaliation in addition to your harassment claim.

Question 2. What if there are no witnesses?

Answer. You can still file a complaint. Your detailed notes and documentation are evidence, and it is important to know that many sexual harassment cases are largely based on the victim’s testimony.

Question 3. Do I have to confront the harasser first?

Answer. No. While you may want to confront that person yourself, there is no requirement to do so. You simply need to report their behavior to a supervisor or human resources department, which will initiate your protections under federal and/or state law.

Question 4. Can I be harassed by a customer or client?

Answer. Yes. Employers are responsible for harassment perpetrated by third parties like clients or customers, and must take steps to protect you.

Question 5. How long do I have to file a claim?

Answer. Federal law allows 180-300 days, although state laws often provide longer deadlines. For example, New York provides 3 years in which to file your complaint.

Question 6. What to do if your claim is successful?

Answer. If your claim is successful, you will get:

• Back pay (lost wages)
• Compensatory damages (for emotional suffering)
• Punitive damages (if the conduct was especially harmful)
• Job reinstatement or a transfer
• Policy changes at your workplace