What to Do About Sexual Harassment at Work

No one should have to put up with sexual harassment to keep a job. Federal law prohibits it, and many state laws go further.

What counts as sexual harassment

The EEOC describes two main types:

• Quid pro quo: a job benefit is conditioned on sexual favors, or a job is threatened for refusing.
• Hostile work environment: unwelcome sexual advances, comments, jokes, images or touching that are severe or pervasive enough to create an intimidating, hostile or offensive workplace.

The harasser can be a supervisor, coworker, client or customer, and can be the same or a different sex (EEOC). Title VII applies to employers with 15 or more employees (42 U.S.C. 2000e-2 and related definitions); many state laws cover smaller employers.

What to do

1. Document: dates, what was said or done, witnesses, and how you responded. Save texts, emails and messages.
2. Report internally under the employer's policy, preferably in writing, to HR or another designated person. Employers are often liable only if they knew or should have known and failed to act, and reporting gives them that chance.
3. Keep copies of your report and the employer's response.
4. Get support: medical or counseling care if needed.
5. File a charge with the EEOC or state agency before the deadline: generally 180 days, or 300 days if a state or local agency enforces a similar law (EEOC).

Retaliation is illegal

Employers cannot fire, demote or otherwise punish you for reporting harassment, participating in an investigation or filing a charge. See retaliation at work.

Arbitration agreements

Under federal law, employees can choose to bring sexual harassment and sexual assault claims in court even if they signed a pre-dispute arbitration agreement (9 U.S.C. 402).

What remedies are available

Back pay, reinstatement, compensatory and punitive damages (with caps under federal law based on employer size), and attorney fees. State laws may allow more.

If you are a manager or HR

Take every report seriously, investigate promptly, protect the reporter from retaliation, and document actions taken.

An employment lawyer can advise on internal reporting and EEOC filing. See also hostile work environment.

Sources

1. EEOC: Sexual harassment
2. EEOC: How to file a charge of employment discrimination
3. Cornell Law School LII: 42 U.S.C. 2000e-2, Unlawful employment practices
4. Cornell Law School LII: 9 U.S.C. 402, Arbitration of sexual assault and sexual harassment disputes