More women are working now than ever before. The only downside to women breaking through the metaphorical glass ceiling is the rise in sexual harassment incidents. Though less common, some men and trans people are also subjected to sexual harassment in the workplace.
If you are sexually harassed while at work, working remotely, or on a work-related trip, do not suffer in silence. Be proactive, stand up for yourself, and follow the five workplace sexual harassment tips detailed below.
Tip #1: Write Down all the Details
Every detail matters. Write down the date, time, and name of the individual responsible for the sexual harassment. Ideally, all the information will be typed into a Microsoft Word document and saved on your computer’s hard drive for future reference.
In addition to documenting the harassment through the written or typed word, ask eyewitnesses to corroborate your statement with written witness statements. Witnesses should be willing to testify on your behalf during interactions with human resources, your supervisor, and the U.S. Equal Employment Opportunity Commission (EEOC).
Be sure to keep a couple of copies of your written complaint for your records. Also, give one of the copies to your San Diego employment law attorney for potential use in a court of law.
Tip #2: File a Formal Complaint With the EEOC, Human Resources, and Your Supervisor
Do not keep the sexual harassment a secret. File a formal complaint with the EEOC and report the incident to your workplace’s human resources department in writing. Don’t forget to let your immediate supervisor know about the harassment.
The logic in filing a formal complaint with the EEOC or the equivalent state agency and your workplace’s human resources department is that it serves as a preventative measure. Let your employer know you’ve taken the important step of contacting the EEOC about the incident. In response to the complaint, human resources representatives will likely address the harasser to prevent additional harassment. Moreover, your workplace supervisor might also reprimand the harasser.
If the harassment continues and the harasser is not terminated or otherwise penalized, you now have solid legal footing for a sexual harassment lawsuit. It is possible to obtain a significant amount of financial damages if you win the lawsuit. Damages cover emotional trauma, pain, suffering, lost wages, and more.
Thoroughly document all interactions with the EEOC, your state agency, human resources, and your workplace supervisor. Write down all the details of these interactions. If possible, record the conversations using your smartphone.
When lodging formal complaints, communicate how the sexual harassment impacted your mental health. Make it clear that the harassment caused mental anguish, depression, anxiety, and other problems that compromised your ability to work.
Tip #3: Be Specific When Filing Your Sexual Harassment Complaint
Though reliving the incident when filing a formal complaint is painful, it is necessary for justice to be served. Write down all the information you can remember. Be specific, highlighting how you were harassed.
As an example, if the harasser or assaulter physically touched you, write down the body site touched when filing the complaint. Though it is tempting to withhold information as the incident is embarrassing, concealing details only weakens your claim. Fail to divulge all the uncomfortable details of the incident and you’ll give your employer with an excuse to overlook the incident or refuse to reprimand the harasser.
If the harasser sent you a lewd email, social media message, text message, or other form of unacceptable correspondence, make copies of that information and include it in the complaint. Be sure to take screen captures and also print out all supporting materials to strengthen your claim all the more.
Tip #4: Request Employer Action
Merely complaining about unjust sexual workplace harassment is not enough. It is up to you, the victim, to also request that your employer make changes. Bring the matter to your employer’s attention and that of the EEOC, then push for change. Be specific when requesting an improvement or other change in the workplace. Make it clear that you no longer want to work in the vicinity of the harasser.
If you were to state you are willing to continue working with the harasser, your employer might use that statement as a component of a legal defense in your sexual harassment lawsuit. Be crystal clear when communicating your desire to be completely separated from the harasser at work. Do not hesitate to request that the harasser be moved to a new location or terminated from employment.
Tip #5: Tap Into the Expertise of an Employment Law Attorney
You don’t have to fight this battle alone. The guidance of a San Diego employment law attorney will help with every aspect of this unfortunate incident. Your attorney will guide you through the EEOC complaint process and help craft your written workplace complaint. Your attorney will advise you if it is necessary to file a complaint with a state agency before filing a lawsuit.
If your employer refuses to make the changes necessary to prevent additional harassment, your employment law attorney will file a sexual harassment lawsuit on your behalf. An attorney will do all the legal work necessary to steer your case toward a favorable outcome while you focus on work. As an example, your attorney will gather evidence, meet with eyewitnesses, develop a legal strategy, and fiercely advocate on your behalf in a court of law.
FAQ
Q: Does complaining about workplace sexual harassment make a difference?
A: Yes. However, the complaint must be a formal one made to the EEOC, state agency, or human resources department. A complaint can lead to the offender’s demotion, suspension, or termination. A complaint also sets the stage for a sexual harassment lawsuit.
Q: Does my employment law attorney need all the details?
A: Though it is painful to recall the details of the sexual harassment incident, doing so is necessary to strengthen your case. Tell your attorney every detail, be completely honest and remain focused while a legal practitioner handles your case.
Q: Is a single written complaint enough?
A: Filing one handwritten or typed complaint with your employer might not be enough to spur meaningful change. File a formal written complaint with the EEOC or state agency in addition to your employer each time workplace sexual harassment occurs.
Q: Is there any risk in complaining after being sexually harassed at work?
A: There is an element of risk when speaking out against harassment, yet that risk is necessary to prompt change. If your employer demotes, suspends, or terminates you after filing a complaint, our San Diego employment law attorneys will file a wrongful termination lawsuit on your behalf.
Schedule a Consultation With Gomez Trial Lawyers
For help, contact Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us online.