Reporting Sexual Harassment: 7 Tips to Strengthen Your Case
Sexual harassment is a hot-button workplace issue that has gotten more attention recently due to the #metoo movement. If you have been dealing with sexual harassment at your workplace, you don't have to accept it: you can speak up to both improve your professional life and avoid putting your job in jeopardy. Any form of harassment in the workplace is unacceptable, but sexual harassment can be especially devastating and frightening for employees.
The way you report sexual harassment is going to have an important impact on the outcome of the issue. While sexual harassment is always the fault of the harasser, you'll have greater chances of success if you follow these six tips when you report the harassment.
1. Tell the Individual to Stop When Possible
If you express that the way you're treated is unwanted to the person harassing you, you strengthen your claim against them. However, you do not have to confront your harasser directly, especially if you feel unsafe.
If you don't feel comfortable communicating directly with the individual, you should consult the company’s E.E.O.C. and/or Sexual Harassment Policy and follow the reporting directions. A Court may hold it against you for failure to report your complaints according to the company’s policy. If the person doing the harassing is the person you should report the problem too then go up the chain of command by one step.
2. Stay as Calm as Possible
Even though you may be upset over the issue, which is a common and reasonable reaction, be as calm as you can while reporting the issue. Prepare in advance to report the issue and make sure you've thought about everything you intend to say. Report what the harasser did to you, then tell the company how the harasser made you feel (In That Order). Make your report in writing (or email) and create the paper trail! Keep copies of your written complaints!
3. Avoid Making Excuses for the Harasser
Never make excuses for the person harassing you, like telling your supervisor when you report the behavior that you're sure he or she means well or its “locker room talk.”. (And yes, women harass men and same-sex sexual harassment is also against the law). Regardless of offensive employee’s intentions, the behavior needs to stop.
Your company should ensure that interactions between employees do not violate workplace standards. Never make excuses for your co-workers or colleagues when they violate these standards.
4. Be Aware of EEOC Guidelines
The Equal Employment Opportunity Commission is responsible for enforcing laws prohibiting workplace discrimination in the form of sexual harassment.
Familiarizing yourself with EEOC guidelines will inform you regarding your rights and what expectations you can have regarding the behavior of your employer and co-workers. Or better yet, call an attorney that focuses on employee rights!
5. Report Incidents Immediately
If you report harassment long after the fact, you haven't done anything wrong, and your employer should still take your complaint seriously. However, you have a better chance of succeeding if you report the harassing conduct right away. This will help your company perform its investigation while the incident is fresh.
Submit your complaint in writing! Keep copies of your written complaints! (I have said that twice because it is so important). Memories about conversations do change, but words on paper or in an email do not change. Report what the harasser did to you, then inform the company how the harasser made you feel (In That Order).
6. Identify Possible Witnesses
Having witnesses to back up your claims can strengthen your claim. For example, if a coworker witnessed your harasser making demeaning remarks to you, they can support your claim. In Alabama, you can record the witness’ statement and you should do so if you do not trust them to be honest about what happened.
Think back to the incidents you're reporting and identify potential witnesses. Give the person you report the harassment to the names of the witnesses when you make your report.
7. Don't Give Up Quickly
Unfortunately, some companies do not respond as promptly or as adequately as they should to sexual harassment problems. This doesn't mean that you have to withdraw your complaint or leave your job. Instead, it may be time to call in a professional to ensure your employer complies with the law.
If you don't get the serious response that you are legally entitled to when you report sexual harassment at work, find an attorney with experience in employment issues. A lawyer can make sure your company takes you seriously and follows the law, which protects you and your job. Contact Allen D. Arnold Attorney at Law to learn more about your rights in sexual harassment and other employment law issues.
Alabama Rules of Professional Conduct Notice: No Representation is made that the quality of legal services offered is greater than that of other lawyers. The information contained on this website is not a substitute for legal advice, and reading it does not create an attorney-client relationship.
