Sexual harassment in the workplace remains a common occurrence and affects men as well as women.
In many cases, employers are liable. When harassment occurs, employers must be held accountable. This is the best way to ensure a safe working environment for all employees.
Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace. Generally, sexual harassment can be divided into two categories, quid pro quo harassment or hostile environment harassment.
Quid pro quo harassment occurs when an employee’s manager or supervisor forces her to endure physical or verbal harassment as a condition of a raise or promotion or to keep her job. For example, a manager tells his female secretary that she must meet him at a motel and have sex to get her annual raise.
Hostile environment sexual harassment occurs when the workplace is filled with unwanted sexual conduct including sexual jokes, suggestive or lewd comments, inappropriate emails or text messages, unwanted touching, questions about a person’s sex life, or distributing inappropriate material, such as pornography, in the workplace. When these things occur frequently, the workplace becomes a hostile environment.
The harasser and the victim can be a man and a woman, or a woman and man or the same gender. The harasser can be the owner, a supervisor, a coworker, or a non-employee who sometimes visits the workplace, for example, a delivery driver or a person who visits a worksite to fill the vending machines.
You must immediately report sexual harassment or other inappropriate conduct to a supervisor, manager, or the employer’s Human Resources department. To hold employers liable for sexual harassment, the organization must be aware of the harassment; and the only way to make your employer aware of the harassment is to report it to management.
When you complain, you must be as detailed as possible and don’t be shy about including specifics about profanity or sexual remarks. If a coworker calls you a “bitch,” don’t tell your supervisor somebody cursed at you. Report the use of the word “bitch.” If a male coworker remarks: “Sally, you have huge jugs,” then Sally needs to tell her boss or Human Resources precisely what was said. She needs to report the use of the words “jugs specifically.” Sally can’t be shy and tell her boss someone made comments about her body.
Identifying the precise words used helps the employer fully understand the nature of the problem and prevents the employer from later claiming it didn’t appreciate how bad things were.
If your boss is the person creating a hostile environment, you still must report the conduct. Many employees are fearful of being fired or retaliated against for reporting harassment. Therefore they remain silent.
THIS IS A HUGE MISTAKE. Victims of harassment must set their fear aside and report the harassment. The law makes it illegal to retaliate against someone for reporting harassment.
All employers have sex harassment policies. If you feel you are being harassed make sure you get a copy of the policy. It may be in your handbook, it may be on an online portal, or it may be posted on a bulletin board in the breakroom. Wherever it is, get a copy and read it. The policy will contain instructions on how to report harassment. Employees must make sure they follow the written procedures for reporting harassment. The policy may also include a 1-800 telephone number you can call to report the harassment to the corporate or main office, human resources department. When you do make a complaint, provide as much detail as possible, including:
For harassment to be illegal, it must be unwanted. There must be evidence the victim wanted it to stop. If you are being harassed, tell the harasser to stop each time they engage in the behavior. If a man asks a woman out on a date and she is not interested, she needs to tell him no. If he continues to ask her out, she needs to ask him to stop asking her out. If someone tells a sexual joke that offends you, don’t fake laughter to go along with the conduct you find offensive- the victim needs to say to the person telling the sexual jokes to stop.
If you are being sexually harassed, you must file an administrative charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or other similar state agency to protect your rights fully:
The deadlines for filing sexual harassment claims are much shorter than the typical legal claim. People who have been victims of sexual harassment must also file charges with the United States Equal Employment Opportunity Commission (EEOC) or similar state agencies before filing a lawsuit. The deadline for filing a discrimination charge can be as short as 180 days from the first act of sexual harassment.
The filing of an administrative charge of discrimination requires submitting a written document to the EEOC or state agency, such as the South Carolina Human Affairs Commission.
The Law Offices of Jason E. Taylor has lawyers experienced in employment law and available to meet with victims of sexual harassment and help them evaluate their claims and help the victims of sexual harassment file charges with the Equal Employment Opportunity Commission and similar state agencies.
Contact us today to speak with one of our Charlotte, Hickory, Greenville, Rock Hill, or Columbia attorneys.
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Employers Are Liable For Sexual Harassment in the Workplace
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