If I am Uncomfortable With Someone’s Sexual Conduct Toward Me, What Should I Do?
Many people report feeling uncomfortable with the way someone at work interacts with them, but they often let it go because they do not know how to respond. Much like the stories of ‘grabby Uncle Ned,’ many people ignore inappropriate sexual conduct because they don’t want to cause a confrontation. However, there are laws that protect you in the workplace, at school, or in other public settings. It is not your fault or your responsibility. You should report inappropriate behavior to a superior, period!
What Constitutes Inappropriate Sexual Behavior?
The definition of sexual harassment is broad, because unwelcome behavior can vary in definition by person, but in general if something has a sexual nature and makes you feel uncomfortable it likely is sexual harassment. There are many types of visual, nonverbal, verbal, and physical actions that can be considered sexual harassment. Here are a few common examples:
- Commenting about a person’s body, relationships, clothing, or behavior in a sexual way
- Blocking someone physically from moving
- Making Derogatory expressions or gestures that have sexual intent behind them
- Spreading rumors about the sexual life of a person
- Sexual jokes
- Threatening a person for rejecting sexual advances or the offer of a date
- Requesting or intimidating a person into a date or sexual favors
- Touching another person’s body or clothing without permission
- Stroking, hugging, kissing, or patting a person without their consent
It is important to understand that these are just a few of the dozens of behaviors that are considered sexual harassment. If you don’t see your situation on the list, it is still a valid case of sexual harassment if you feel uncomfortable. Bear in mind that sexual harassment does not have to be sexually based, it can also occur if you are singled out based on gender or sex. For instance, if you are the only woman working on a construction site and you are the only one denied breaks or criticized for shoddy work even though your job performance is similar to your peers, this constitutes as sexual harassment.
Consider Informal Action
If you are not afraid of your harasser (They only make you uncomfortable, not threatened), then you may consider informal action first. Many times, speaking directly with the person is the quickest way to resolve an issue. In some cases, the harasser may not be aware that they are making you uncomfortable, and simply talking to them can solve the issue. Clearly tell the responsible party that they are making you uncomfortable and that you would like them to stop the unwelcome behavior. You also may place your grievance in writing, date and sign the letter, make a copy for your records, and have a witness present when you hand it to the offender.
Make a Formal Complaint
If the offender refuses to alter his or her behavior or you are uncomfortable with the direct approach, then you should take your complaint to your supervisor. If your supervisor is the offender, then go to the human resources office within your organization or workplace and file an official complaint. Also, consult with your attorney.
Can A Supervisor Ignore My Sexual Harassment Complaint?
If you file a formal complaint, your supervisor or HR department has to fully investigate the complaint. Failure to do so will leave them open to a sexual harassment lawsuit. While most companies will attempt to investigate the complaint in a discrete manner, you may have to speak to representatives within the company as part of the investigation.
Be Aware of Your Deadlines
If your employer is not taking appropriate action, it is important that you know your deadlines because the law places legal deadlines on filing a formal complaint. Always file a complaint promptly because failure to do so may mean you will no longer be able to file a lawsuit against your employer for failing to comply with discrimination laws.
Federal law dictates that you have 300 days from the reported date the sexual harassment act occurred to file a complaint with the EEOC. In some states, state law dictates that you only have 180 days to file a complaint. As our firm tends to pursue cases in State Supreme Court, the statute of limitations is three (3) years. I, however, you have already filed with the EEOC, you may be barred from filing in Supreme Court.
Contact Our Law Firm
Hiring an experienced attorney familiar with sexual harassment laws is the best way to ensure that you will receive a favorable verdict and receive closure. Our firm will help you pursue legal action if you are uncomfortable at work due to unwelcome sexual behavior and your company is failing to act. Call our sexual harassment lawyers today so we can start preparing your case and help you get the maximum available compensation.
Material Referenced From:
https://www.equalrights.org/legal-help/know-your-rights/sexual-harassment-at-work/