Sexual harassment is a form of sex discrimination that occurs in the workplace or on the job site. Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that tends to create a hostile or offensive work environment.
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Types of Sexual Harassment
There are two kinds of sexual harassment:
- "Quid Pro Quo"; and
- "Hostile Environment."
"Quid Pro Quo" (Latin for "this for that") sexual harassment happens when a supervisor, manager, etc. offers you benefits, such as a promotion or bonus, in exchange for sexual favors or threatens your employment if you refuse the sexual advances.
"Hostile Environment" sexual harassment results when verbal or physical conduct of a sexual nature is severe and pervasive enough to interfere with your work performance and/or to create a hostile or offensive work environment. Unlike Quid Pro Quo sexual harassment, you need not be offered benefits or threatened in your employment. Instead, repeated sexual conduct including sexually explicit materials, remarks and innuendoes that are unwelcome qualify as hostile environment sexual harassment.
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Preventing Sexual Harassment
- Rapid Response—It is important for you to respond to sexual harassment as soon as it occurs.
- Response Style—Your response can be firm or lighthearted, whatever works best for you.
- Pre-Employment Role-Playing—Role-playing possible sexual harassment scenarios before you begin the job is very effective because it lets you practice your response and determine what is appropriate for you. With this practice, you will be prepared for sexual harassment and able to communicate effectively with co-workers and supervisors.
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Actions to Take if Sexual Harassment Continues
1. Keep a Journal
It is very important that you document the harassment. When you recognize that you are being sexually harassed, start keeping a journal. Do not write about anything else in the journal. Do write about each incident of harassment and be sure to include the date, time, place and witnesses of the harassment. Never leave your journal at the workplace or on the job site.
2. Get Support
Ask other coworkers to write you a letter if they too have been victims of harassment and/or if they witnessed your harassment. Share your feelings with sympathetic coworkers, friends and family. Harassment takes an emotional toll!
3. Confront the Harasser
In a face-to-face encounter, tell the harasser clearly that you want the harassment to stop. If the harassment continues, ask the harasser to stop in writing and keep a copy of the document.
4. Follow Your Employer's Complaint Process
If your employer has a complaint process for sexual harassment you must follow it. Find out how to file your complaint and do so, keeping a copy of the complaint and all other related documents. This is your "paper trail"—your proof that you took every step to resolve the harassment internally.
5. Follow Your Union's Grievance Procedure
If you are in a union, you must file a discrimination complaint under the formal grievance procedure, in addition to filing a complaint with your employer. Usually, you can get help with your complaint from the shop steward or other union officials.
6. File a Discrimination Complaint with Federal or State Agency
If your attempts to resolve the sexual harassment informally fail, you may file a discrimination complaint with the Federal Equal Employment Opportunity Commission (EEOC) in your area or with the state civil rights agency. Under federal and state laws there are deadlines, or "statutes of limitation," for filing discrimination complaints. If the complaint is late or never filed, you have no right to file a lawsuit in court. States may have different deadlines and rules from those of the EEOC. You should contact the EEOC or the state agency for instructions and deadlines for filing discrimination charges.
7. Consider Getting a Lawyer
You may not need to have a lawyer to file your discrimination charge but you will need a lawyer to file your case in court. If you are having trouble understanding your rights and/or finding a lawyer, consult a women's law center like Equal Rights Advocates in California, that has a bilingual Advise and Counseling Service (1-800-839-4ERA).
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Other Resources to Help Address Sexual Harassment
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