Employment Litigation Lawyer

Sexual harassment in the workplace is more common than many may realize, and when facing these types of situations, an employment litigation lawyer people recommend may be necessary. Sexual harassment can consume the victim, making it challenging to know the most appropriate way forward. While, at times, sexual harassment can be blatant, in other situations, this behavior is so subtle that it may be difficult to pinpoint or even make sense of. Being able to understand workplace sexual harassment and recognize the signs that are present is the best place to start if you suspect workplace sexual harassment. Common indicators may include:

  • Sexualized Conversations
  • Showing Inappropriate Pictures or Telling Sexual Jokes
  • Unwanted Physical Touch Such As:
    • Touching
    • Grabbing
    • Hugging
    • Kissing
  • Unwelcome Sexual Advances
  • Being Sexually Propositioned in Exchange for Something in Return
  • Retaliation for Reports of Sexual Harassment

Sexual harassment constitutes any unwelcome sexual advances, and when present, victims should carefully consider how they will take action against the party responsible. However, as Eric Siegel Law will share that while employers should take all claims of sexual harassment seriously, at times, they may fail to take appropriate action. The following are essential steps to take for victims who have experienced sexual harassment:

#1. Say Something

One of the most challenging things to do is to confront the harasser. However, in some situations, it may be the best strategy for getting the behavior to stop. Clearly outlining their behaviors can be beneficial for several reasons, especially if they continue to engage in these actions. While there are several advantages, confronting the harasser is a crucial strategy for stopping the behavior and helping to build a case should the harassment continue. 

#2. Report the Incident to Human Resources

One essential step to take when sexual harassment occurs is to report the incident to your manager or even human resources. It will be necessary to be clear about what has transpired and even support the report to human resources with evidence. When a report of sexual harassment is made to human resources, they are obligated to take action by conducting a thorough investigation and taking disciplinary actions if necessary. 

#3. Gather Evidence

When faced with this adversity, gathering evidence early and often will be essential. Gathering evidence can not only support the case when making a report to human resources but also help should a complaint with the EEOC or legal action be necessary. Key pieces of evidence can include:

  • Text Messages
  • Voicemails
  • Emails
  • A Timeline of Exchanges
  • Eyewitness Statements
  • Employee Handbooks
  • Personnel Files

#4. Consider Filing a Complaint with the EEOC 

Sexual harassment is a form of workplace discrimination. If the employer doesn’t remedy these actions, or retaliation is a consequence of coming forward, the most appropriate step forward may be to file a complaint with the EEOC. Typically when filing reports of this nature, those coming forward have 180 days to file. Once filed, the EEOC will conduct an investigation; depending upon the outcome, there may be severe repercussions.

Sexual harassment is severe; unfortunately, victims of these actions may face adverse treatment from their employers. In the wake of sexual harassment, victims may suffer job loss or mistreatment on the part of their employer or other employees in the workplace.