Sexual Harassment at Work: Everything You Need to Know
Sexual harassment is an issue of severe concern across US workplaces. According to data from the Equal Employment Opportunity Commission, there were more than 98,000 workplace sexual harassment claims between 2018 and 2021.
In fact, within that time frame, sexual harassment cases accounted for 27.7% of all harassment claims. When we discuss sexual harassment, it’s easy to think of pervasive and non-consensual sexual behavior. However, sexual harassment doesn’t need to be sexual in nature.
Employment laws in the US define sexual harassment in broader terms that also include discrimination based on a person’s sex. For instance, offensive comments in the workplace about women are unlawful according to US legislation. This article dives into workplace sexual harassment in America, including behaviors that constitute sexual harassment and steps to take against the perpetrators.
What Is Workplace Sexual Harassment?
In broad terms, sexual harassment is discrimination based on an individual’s sex. It involves a wide range of behaviors and actions that don’t necessarily need to be sexual in nature. According to Title VII of the Civil Rights Act, the following actions are examples of sexual harassment:
- Unwelcome sexual contact, such as hugging, fondling, groping, and digital penetration
- Requesting for sexual favors
- Making jokes or stereotypical comments about someone’s sex or gender
- Spreading rumors about an individual’s sex life
- Making vulgar or lewd gestures
- Having conversations about sexual fantasies/stories in the workplace or other inappropriate settings
- Asking questions relating to sexual fantasies and preferences
- Sending unwelcome emails or notes, placing phone calls, stalking, and continuously requesting a date from someone who has previously declined
The law also states that any individual, irrespective of sexual orientation, gender identity, or sex, can be the victim or harasser. In other words, it’s possible to suffer sexual harassment from an individual of the same sex. Also, the victim or harasser can be a co-worker, supervisor, or a third party not employed in the business organization (such as customers).
Can Workplace Sexual Harassment Occur Outside the Office Area?
Unwelcome and pervasive sexual advances and actions don’t need to happen in the office to classify as workplace sexual harassment. You can suffer sexual harassment outside the company space and after work hours.
Inappropriate comments based on a person’s sex can come from colleagues and employers in a private message or email. They can also happen in non-work-related functions, such as parties and over a scheduled dinner with co-workers.
As long as the unwanted sexual behavior comes from an individual you share a professional relationship with at work, it can be categorized as sexual harassment.
Conclusion: What Can You Do As a Victim of Workplace Sexual Harassment?
Sexual harassment can create an uncomfortable work environment for victims. It can also severely affect their mental and emotional well-being. If you’ve been a recent victim of sexual harassment in the office, you should report the incident to your company’s HR department immediately.
Ensure you provide the HR manager with a comprehensive document of the incident, including the date, time, and inappropriate actions. Usually, the department will conduct an investigation and take the necessary action against the perpetrator.
If the company fails to take action against the harasser, you can file a complaint with government institutions like the Equal Employment Opportunity Commission (EEOC). The EEOC will review your case and issue a Notice of Right to Sue if they deem it valid.
Once you’ve been granted permission to sue your harasser, you’ll need the services of an expert sexual harassment lawyer to pursue your claim and get justice against the guilty party.
At the Law Office of Sheri Oluyemi, we possess an in-depth understanding of US employment law. Our experienced legal team will evaluate your sexual harassment claim to determine the best course of action against the perpetrator. Please request a free teleconference consultation today, and let’s defend your rights!
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