Incidents of sexual harassment are increasing day by day at workplaces. These may be in the form of physical or verbal conduct. Federal law forbids sexual harassment in offices. It is difficult to experience this situation, but everyone should learn what to do if you are being sexually harassed at work?
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Understand the Events of Sexual Harassment
Sexual harassment may include unsolicited sexual advances, demands of sexual favors, physical, visual and verbal harassment in an office. Sexual harassment includes harassment based on gender, pregnancy, medical conditions, breastfeeding or childbirth.
A coworker, non-employee or even a supervisor can commit sexual harassment. An employer should know of these incidents. They have to take appropriate and immediate actions. Sexual harassment may take two shapes:
- Hostile atmosphere harassment that occurs when the working atmosphere becomes abusive or hostile. This situation may result in sexual harassment.
- Quid quo pro-harassment may arise when employment is associated with conditions. In this situation, the victim may receive annoying sexual advances.
Time to Speak for Sexual Harassment
Socializing, banter, and joking are common events in offices. If comments or behavior of a person is making you uncomfortable, you should strictly stop this person. Tell him/her that this behavior is not acceptable. You have to ask him to stop this behavior immediately. Sometimes, you can prevent a harasser by saying that you are making me uncomfortable so stop this nonsense.
Everyone should learn what to do if you are sexually harassed at work? You can talk to your employer because he is responsible for your protection. When you face the first incident of sexual harassment, you must speak to this person to stop all this nonsense.
If he continues with the similar behavior, you can threat him that you are planning to file a complaint about his conduct. Sometimes, people disconnect this behavior after a threat. If your harasser is not ready to change his behavior, you can take other actions.
Find Witnesses and Other Victims
Try to search for other victims of sexual harassment by the same harasser. You can find complaints of other victims for the same harasser. Get testimony from witnesses of this unfortunate incident. Their written statements will help you to support your claims.
Talk to Your Boss or Supervisor
If your harasser is not ready to change his harassing behavior, you can report this incident to your boss or supervisor. Write all the details of harassment in a formal letter and give this letter to your supervisor. You can meet your boss or supervisor to explain this situation.
After informing a supervisor, you must contact your HR manager. Human resources may help you with their expert knowledge of discrimination and sexual harassment. They can give you neutral advice.
Sometimes, a supervisor may refuse to take any action. In this situation, you can talk to the senior management of your company and file a complaint. Your manager must handle this situation with pleasure and provide you with information about further actions. You should present important documentation and evidence regarding the incidents to the senior management.
If your complaint of sexual harassment is unnoticed by senior management, you can file a complaint with the EEOC (Equal Employment Opportunity Commission). They will investigate the incidents of sexual harassment in a workplace. Tell the name of your employer, offender, and harasser to EEOC and give the details of the whole event.
File One Lawsuit
After filing a complaint with EEOC, you can file one lawsuit. A victim could seek financial damages or try to get the job back if an employer fired you because of these incidents. If you are planning to file lawsuits, you must seek legal demonstration from a lawyer who handles the cases of sexual harassment.
The Responsibility of An Employer for Sexual Harassment
If you hear rumors of sexual harassment in your office, you have to investigate the possible harassment. As an employer, you are responsible for doing a complete investigation of this event. You may learn about this event through chatters from other staffs.
It may involve different instances in which friends of the targeted employee or other employees can share this matter with human resources. It will include an example in which the employees tell HR about suspicious behavior. Here are some significant actions that an employer can take to stop sexual harassment:
- You have to prepare an organizational policy related to sexual harassment. You should post this policy on the notice board to inform all employees. It is essential to warn them that you will not tolerate this behavior.
- Provide different methods to your employees to make a formal complaint or charge. You can’t ask your supervisors or manager to handle these complaints. These people can be involved in the events of sexual harassment. CEO, owner of a company, president and human resources, can be a great option. You can talk to your manager if he is not involved in sexual harassment.
- You can assign a particular staff member to own your complaints. This person must know the organization, people in a company and the history of this organization.
- There should be a plan to cover essential situations and people to investigate from initial complaint. You can use your current knowledge to plan an investigation.
- It will be good to talk to the employees personally. Guarantee that this person is safe from the retaliation and take suitable action in reporting a general situation or harassment incident. The results of the investigation can be different.
- Inform your workers that you want an immediate explanation of a retaliation, ongoing harassment and purported retaliation the worker experiences.
- You can demand your employees to share a true story in his/her words. Carefully listen to them and take notes of the conversation. It is essential to write down important facts, such as witnesses, situation, times and date and other relevant evidence.
- Tell the accused person that you have a complaint against him for sexual harassment. Try to make it clear that you will not tolerate any unethical action or retaliation. Ask the victim to have patience until you conduct a complete investigation.
- Assure the victim that you will take an unbiased decision after a full investigation. Interview the accuser of sexual harassment. You have to give similar attention and respect for both parties.
- Your decision should be based on the available information. You can consult your HR colleagues while making a decision.
- Consult an attorney to ensure that you are fairly taking a decision based on evidence. An attorney should support your directions. You have to make a fair decision by advice from your attorney and colleagues.
How to Deal with Retaliation of An Employer?
Just like sexual harassment, retaliation at a workplace is not legal. Retaliation may occur when your boss negative behavior toward you after filing a complaint about sexual harassment or discrimination. Retaliation may increase the chances of wrongful termination, demotion, an involuntary transfer, reassignment of job shift, adverse actions at job and decrease in salary.
If your employer is not ready to address this situation, you can speak to an attorney for a legal claim. You have a right to file a discrimination complaint with EEOC (employment opportunity commission) or DFEH (department of employment and housing).
California Sexual Harassment Attorney
If you believe that you are becoming a victim of sexual harassment at work and your employer is not taking appropriate action, you can talk to a sexual harassment lawyer. You can find a reliable attorney near you to handle these cases.
A sexual harassment attorney knows what to do if you are sexually harassed at work? Choose an experienced person who has a deeper knowledge of these cases. Sexual harassment attorney California can help you to file a complaint. You can contact them on the phone and fix an appointment. It is necessary to share the complete story with your attorney so that he/she can handle these cases in a better way.
These attorneys have in-depth knowledge and experience of these cases. They can handle different types of cases, such as:
- Disability discrimination
- Constructive discharge
- Age discrimination
- Discrimination at work
- Discrimination against female
- Sex discrimination
- Jokes at workplace
- Hostile working environment
- Race discrimination
- Wrongful termination
- Sexual harassment
- Retaliation
- Religious discrimination
- Pregnancy discrimination
Sexual harassment attorney will evaluate your case and help you to get damages of discrimination or sexual harassment. Costs may include loss of income or job. It may increase your punitive damages and emotional stress. Claims may include plaintiff fees of an attorney.
You can get legal protection for sexual harassment claims. The statue of restriction is one year from the last event of sexual harassment. The situation may vary in each case, and it can be complicated to understand each situation. Your attorney should be able to act in different locations according to the law of your state. If you are becoming a victim of sexual harassment or illegal discrimination, it is essential to take the necessary step.
Before finding a sexual harassment attorney, you have to report this matter in your office. If your boss is not taking appropriate action, you can hire a sexual harassment attorney for your help. If you are living in California, you can contact them to stop the incidents of sexual harassment.