Reporting Sexual Harassment: Workplace Guide

Over one-third of the charges of employment discrimination received by the Equal Employment Opportunity Commission (EEOC) over the past five fiscal years have included allegations of unlawful harassment based on protected characteristics such as race, sex, or disability¹. This staggering statistic highlights the urgent need for comprehensive workplace policies and procedures to address sexual harassment and empower employees to report such misconduct safely and effectively.

Contents

Workplace sexual harassment can take many forms, from repeated offensive jokes and the presence of offensive pornography to outright sexual assault². While this type of behavior most often targets women, it can also happen to men, as well as individuals who identify as gay or straight². Fortunately, federal and state laws, including Title VII of the Civil Rights Act and California’s Fair Employment and Housing Act, prohibit sexual harassment and require employers to take reasonable steps to prevent and correct such behavior².

Key Takeaways

Sexual harassment in the workplace is a serious and prevalent issue, with over one-third of EEOC charges including allegations of unlawful harassment.
Harassment can take various forms, from offensive jokes to sexual assault, and can target individuals of any gender or sexual orientation.
Federal and state laws, such as Title VII and the California Fair Employment and Housing Act, prohibit sexual harassment and mandate employer action.
Employers must have comprehensive policies and procedures in place to address sexual harassment and empower employees to report it safely and effectively.
This guide will provide a comprehensive overview of workplace sexual harassment, including definitions, laws, employee rights, reporting procedures, and employer obligations.

What Is Sexual Harassment in the Workplace?

Sexual harassment in the workplace can take many forms, including unwanted sexual advances, inappropriate comments or jokes about someone’s appearance or sexuality, the display of offensive pornographic material, and even physical assault³. It can happen to anyone, regardless of gender or sexual orientation. For example, a male employee may sexually harass another male employee by teasing him for being “too feminine” or “acting gay.”³

Definition and Examples

The key factor is that the behavior is unwelcome and creates a hostile work environment. It does not matter if the harasser thinks the behavior is harmless or that the victim appeared to go along with it – if the victim finds the behavior offensive, it still qualifies as harassment under the law³.

Examples of behaviors constituting harassment include making unwanted sexual requests, inappropriate comments about appearance, using gender-based slurs, sharing explicit content, and unwanted physical contact³.

Type of Harassment	Description
Hostile Work Environment	Unwelcome conduct that is severe or pervasive enough to create an intimidating, hostile, or abusive work environment.
Quid Pro Quo	Demanding sexual favors in exchange for job benefits or to avoid negative employment actions.

https://www.youtube.com/watch?v=OdmmdH-_X3o

Employers must take steps to prevent and address all types of sexual harassment, as it is a form of sex discrimination prohibited by federal and state laws³⁴.

Federal Laws Against Sexual Harassment

At the federal level, Title VII of the Civil Rights Act of 1964 prohibits sexual harassment as a form of sex discrimination⁵. This law makes it illegal for employers to allow sexual harassment to occur in the workplace, regardless of the genders involved⁵. The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing Title VII and investigating claims of workplace harassment⁵.

Federal laws against sexual harassment in the workplace apply generally to employers with 15 or more employees⁶. Under Title VII, it is unlawful for employers to allow anyone to be sexually harassed at work by anyone else, irrespective of the employee’s sex, gender, or sexual orientation⁶. Sexual harassment can occur between any genders and is not restricted to situations where a woman is harassed by a man⁶.

Employees who believe they have experienced sexual harassment have the right to file a complaint with the EEOC before pursuing legal action⁵. Retaliation in the workplace against those reporting sexual harassment is also illegal under federal law and may include forms like being fired, demoted, having a pay cut, or being assigned different work conditions⁶.

Employers are required to take prompt action to address sexual harassment complaints, investigate them, and prevent recurrence, which includes appropriate and effective corrective action⁶. Individuals engaging in quid pro quo harassment (exchanging job benefits for sexual favors) can be subject to disciplinary action, including termination⁷.

Sexual harassment can lead to liability for the company and individuals⁷. Employees should report any harassment promptly to correct policy violations⁷.

Examples of sexual harassment include physical acts, unwanted advances, sexually explicit gestures or remarks, and gender stereotyping⁷. Sexual harassment may involve hostile actions against individuals based on their sex, gender identity, or sexual orientation⁷. Sexual harassment can occur between any individuals, regardless of sex or gender⁷.

Retaliation, which includes any action discouraging workers from reporting sexual harassment, is protected by federal and state laws⁷. Protected activities against retaliation include making a harassment complaint, testifying in a proceeding, opposing harassment, reporting harassment, or encouraging others to report it⁷.

Key Federal Laws Against Sexual Harassment	Overview
Title VII of the Civil Rights Act of 1964	Prohibits sexual harassment as a form of sex discrimination in the workplace.
EEOC Enforcement	The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Title VII and investigating harassment claims.
Anti-Retaliation Provisions	Protects employees who report sexual harassment or participate in related investigations from retaliation.

California Laws for Workplace Sexual Harassment

In addition to federal laws, California has robust state-specific regulations that prohibit sexual harassment in the workplace. The California Fair Employment and Housing Act (FEHA) applies to all California employers, regardless of their size, and protects a broader range of workers, including independent contractors and volunteers, beyond just traditional employees⁸.

Additional Protections and Requirements

FEHA also imposes additional requirements on employers, such as having a written anti-harassment policy, providing harassment prevention training, and taking prompt and effective action to investigate and remedy any reported harassment⁸. The law extends protection to interns, job applicants, volunteers, and contract workers like freelancers to safeguard them against sexual harassment at the workplace⁸.

Employers in California must provide a safe environment free from discrimination and harassment for all employees, regardless of gender or gender identity⁸. They are also mandated to have a written policy on sexual harassment, discrimination, and retaliation prevention, with translations available for non-English speaking employees if they constitute more than 10% of the workforce⁸.

Additionally, employers must conduct sexual harassment prevention training for all non-supervisory and supervisory personnel every two years at a minimum⁸. In the event of sexual assault, immediate action should be taken, and if necessary, call 911⁸.

Unlike federal laws, the California Fair Employment and Housing Act (FEHA) considers employee discrimination through sexual harassment and applies to all employers, regardless of size⁸. Furthermore, FEHA extends protection to a wider range of workers, including independent contractors and volunteers⁸.

It’s important for both employers and employees in California to be aware of these state-specific harassment laws, as they provide additional safeguards and requirements beyond federal legislation⁹⁸.

Your Rights as an Employee

As an employee, you have several key rights when it comes to workplace sexual harassment. Under federal and state laws, you have the right to work in an environment free from harassment and discrimination based on your sex or gender¹⁰. Employers must provide clear policies and procedures for reporting harassment, and you have the right to complain about harassment without fear of retaliation, such as termination, demotion, or other adverse employment actions¹⁰.

Your rights also include the ability to discuss harassment with your coworkers and participate in investigations without facing repercussions¹⁰. The Supreme Court has affirmed that a hostile work environment is determined by the perspective of a reasonable person, considering factors like frequency and severity of the conduct, as well as its impact on your job performance¹⁰.

Sexual harassment cases under Title VII of the Civil Rights Act can take two forms: quid pro quo harassment and hostile work environment harassment¹⁰. Employers can be held liable for the actions of their employees, including supervisors and managers, if they engage in or condone sexual harassment¹¹.

To ensure a harassment-free workplace, employers are encouraged to establish clear anti-harassment policies, provide comprehensive training, and implement effective reporting procedures¹⁰. By understanding your rights and your employer’s obligations, you can play a vital role in creating a safe and inclusive work environment¹¹.

“Retaliation against employees for reporting harassment or participating in investigations is prohibited by law.”¹⁰

Key Employee Rights	Employer Obligations
Right to work in a harassment-free environment Right to report harassment without fear of retaliation Right to discuss harassment with coworkers and participate in investigations	Provide clear policies and procedures for reporting harassment Establish comprehensive training on harassment prevention Implement effective reporting and investigation procedures Ensure accountability for harassment by supervisors and employees

Remember, understanding your rights and your employer’s responsibilities is essential in creating a safe and inclusive workplace.¹¹

Reporting Sexual Harassment at Work

Steps to Take and Documentation

If an employee experiences sexual harassment, the first step is often to directly tell the harasser to stop the offensive behavior¹². If that is not successful or the employee feels unsafe doing so, the next step is to report the harassment to a supervisor, HR department, or other appropriate authority within the company¹². Employees should document all incidents of harassment, including dates, times, witnesses, and any physical evidence¹². It is also crucial to follow the company’s internal complaint procedures, as failing to do so could impact the employee’s ability to later file a legal claim¹². Thorough documentation will be important evidence if the harassment continues or the employee decides to take legal action.

Delay in responding to sexual harassment complaints puts the victim and other employees at risk of further abuse and potential legal repercussions, like lawsuits or fines¹³. Employers must provide a safe work environment and respond promptly to complaints to prevent potential legal actions¹³. It is crucial for organizations to stay updated on workplace harassment laws, which can vary by state¹³.

Maintain confidentiality and prevent retaliation during the investigation to protect all parties involved¹³.
Separate the parties involved in the investigation to help avoid conflicts and potential lawsuits¹³.
Conduct a thorough investigation by gathering necessary documents like the company’s code of conduct, employee files, and supporting evidence¹³.
Train investigators and create a detailed investigation plan to ensure a fair and unbiased process¹³.
Ensure interview privacy for all parties to obtain accurate information¹³.
Assess witness credibility, document evidence, and maintain confidentiality during the investigation¹³.
Provide support to complainants and offer various resolution options to address the impact of sexual harassment incidents¹³.

A person affected by workplace sexual harassment can choose multiple options to report the harassment, including lodging complaints with anti-discrimination and human rights bodies, Fair Work Commission, workers’ compensation bodies, WHS regulators, and the police¹⁴. Even when an allegation is not substantiated, organizations have a duty to ensure worker safety¹⁴.

The Respect@Work guide to external pathways in Australia provides information on deadlines, costs, agency processes, average handling times, rights of appeal, and contact details for seeking help in dealing with workplace sexual harassment¹⁴. The guide is divided into 5 sections: anti-discrimination and human rights bodies, Fair Work Commission options, workers’ compensation bodies, WHS regulators, and support services¹⁴. The guide aims to help parties impacted by workplace sexual harassment understand the external pathways available and the support services that can provide help and additional support¹⁴.

reporting sexual harassment in the workplace guide

Addressing sexual harassment in the workplace is crucial for maintaining a safe and inclusive work environment. This comprehensive guide will walk you through the steps to effectively report sexual harassment, ensuring your rights are protected and your employer is held accountable¹⁵.

If you experience or witness workplace harassment, the first step is to clearly communicate to the harasser that their behavior is unwanted and must stop¹⁵. Document each incident, including the date, time, location, and any witnesses or physical evidence¹⁵.

Report the harassment to a supervisor, HR representative, or other company authority, preferably in writing¹⁵.
Follow your employer’s internal harassment complaint process to address the issue¹⁵.
If the harassment is not promptly resolved, file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agency, such as the California Department of Fair Employment and Housing (DFEH)¹⁵.

Gathering evidence and supporting documents is crucial in establishing the credibility of your claims¹⁵. This may include text messages, emails, witness testimonies, and any other relevant materials¹⁵. By taking these proactive steps, you can effectively report sexual harassment and hold your employer accountable for providing a safe and harassment-free work environment¹⁵.

“Millions of people experience sexual harassment at work globally every year.”¹⁵

Remember, you have the right to work in an environment free from sexual harassment. Utilize this workplace harassment guide to navigate the reporting process and protect your rights¹⁵.

Conducting a Fair Investigation

When an employee reports sexual harassment, employers have a legal obligation to promptly and thoroughly investigate the matter¹⁶. This investigation must be carried out in a fair and impartial manner, adhering to the principles of due process¹⁶. The goal is to identify and resolve the issue before it escalates, potentially preventing costly lawsuits¹⁶.

Ensuring Impartiality and Due Process

The investigator must be unbiased and have no conflicts of interest that could call their impartiality into question¹⁶. Employers must also balance the need for confidentiality with employees’ rights to discuss workplace conditions¹⁶. Key steps in the investigation process include:

Interviewing the complainant, the accused harasser, and relevant witnesses;
Reviewing any pertinent documents or other evidence;
Reaching a reasonable conclusion based on the information gathered;
Maintaining confidentiality to the extent possible.

Workplace investigations are essential for maintaining a safe, fair, and legally compliant working environment¹⁷. They can address a variety of issues, from harassment and discrimination to safety concerns and policy violations¹⁷. Formal complaints usually necessitate a workplace investigation, particularly for sensitive issues like harassment or retaliation¹⁷.

Employers may opt for outside or non-lawyer third-party investigators when an internal resource with the required qualifications or time is not available¹⁶. A team approach, involving a combination of investigators such as HR, legal, and outside consultants, can offer a wider array of expertise and resources¹⁶.

The timeline for completing investigations can vary, with the need for interviewing the accuser, accused, and witnesses, and allocating sufficient time for information gathering and documentation¹⁶. Employers should ensure confidentiality during investigations while also conducting a thorough and effective inquiry¹⁶.

“Workplace investigations are essential for maintaining a safe, fair, and legally compliant working environment.”

Employer Obligations and Responses

As an employer, you have a legal responsibility to take reasonable steps to prevent and address sexual harassment in the workplace¹⁸. This includes maintaining a clear and easily understandable anti-harassment policy, regularly providing harassment prevention training for all employees, and promptly investigating and remedying any reported incidents of harassment¹⁸.

Employers must also ensure that no retaliation is taken against those who report harassment or participate in investigations¹⁸. Appropriate remedial actions can include disciplining the harasser, transferring them to a different department or location, or even terminating their employment if the harassment was severe enough¹⁸.

Under California law, managers and supervisors are required to undergo at least two hours of harassment prevention training¹⁸. This training equips them with the knowledge and skills to recognize, address, and properly investigate any allegations of sexual harassment in the workplace¹⁸.

When conducting an investigation, it is crucial that the process is impartial and thorough¹⁸. Investigators should have a sound understanding of relevant laws, policies, and investigative techniques related to harassment¹⁸. Prompt action is also essential to stop harassing behavior, preserve evidence, and minimize disruptions in the workplace¹⁸.

Key Employer Obligations	Relevant Statistics
Maintain clear anti-harassment policy Provide regular harassment prevention training Investigate and remedy reported incidents promptly Ensure no retaliation against those who report harassment Implement appropriate disciplinary actions	¹⁹50% of women of all ages in the UK have experienced sexual harassment at work ¹⁹Nearly two thirds of women aged 18-24 have experienced sexual harassment at work

By fulfilling these obligations, employers can create a workplace culture that prioritizes respect, safety, and accountability, ultimately preventing and addressing sexual harassment effectively¹⁸.

“Prompt investigations help in stopping harassing behavior, preserving evidence, and minimizing disruptions in the workplace.”¹⁸

Conclusion

In conclusion, this guide has provided a comprehensive overview of reporting sexual harassment in the American workplace. Key summary of key points include: 1) Understanding the legal definitions and examples of sexual harassment as defined by the Equal Employment Opportunity Commission (EEOC) – unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects employment, work performance, or creates an offensive work environment²⁰; 2) Knowing your rights as an employee, including protections against retaliation; 3) Following proper reporting procedures, including documentation; 4) Recognizing an employer’s obligations to investigate harassment claims fairly and take appropriate corrective action.

By being informed of their rights and the steps to report harassment, employees can take action to hold their employers accountable and work towards creating safer, more respectful work environments. Additional resources for harassment victims, such as the EEOC and state fair employment agencies, are available to assist employees who experience workplace sexual harassment²⁰.

The United Nations System Chief Executives Board (CEB) has also taken steps to address sexual harassment, establishing a Task Force and creating a Model Policy to enhance a victim-centered approach and strengthen investigative capacity across UN entities²¹. Employers and employees alike must continue to prioritize the prevention and effective handling of sexual harassment in the workplace to foster a culture of respect and equality.

FAQ

What is the definition of sexual harassment in the workplace?

According to Nolo, sexual harassment in the workplace refers to any unwelcome sexual advance or conduct that creates an intimidating, hostile, or offensive work environment. This can include repeated offensive jokes, the presence of offensive pornography, or outright sexual assault.

What are some examples of sexual harassment in the workplace?

Sexual harassment can take many forms, including unwanted sexual advances, inappropriate comments or jokes about someone’s appearance or sexuality, the display of offensive pornographic material, and even physical assault. It can happen to anyone, regardless of gender or sexual orientation.

What federal laws prohibit sexual harassment in the workplace?

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment as a form of sex discrimination. The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing Title VII and investigating claims of workplace harassment.

What are the key laws against sexual harassment in California?

The Fair Employment and Housing Act (FEHA) applies to all California employers, regardless of size, and protects a wider range of workers, including independent contractors and volunteers, beyond just traditional employees. FEHA also imposes additional requirements on employers, such as having a written anti-harassment policy and providing harassment prevention training.

What are employee rights when it comes to workplace sexual harassment?

Employees have the right to work in an environment free from harassment and discrimination based on sex or gender. Employers must provide clear policies and procedures for reporting harassment, and employees have the right to complain about harassment without fear of retaliation.

What are the steps for reporting sexual harassment in the workplace?

The key steps include: 1) Clearly telling the harasser to stop the unwanted behavior; 2) Reporting the harassment to a supervisor, HR representative, or other company authority, preferably in writing; 3) Documenting all incidents of harassment; 4) Following the company’s internal complaint procedures; 5) Filing a complaint with the EEOC or state fair employment agency if the harassment is not promptly addressed.

How should an employer conduct a fair investigation of a sexual harassment complaint?

The investigation must be conducted in a fair and impartial manner, adhering to principles of due process. Key steps include: 1) Interviewing the complainant, the accused harasser, and relevant witnesses; 2) Reviewing any pertinent documents or other evidence; 3) Reaching a reasonable conclusion based on the information gathered; and 4) Maintaining confidentiality to the extent possible.

What are an employer’s obligations when it comes to sexual harassment in the workplace?

Employers have a legal duty to take reasonable steps to prevent and correct sexual harassment in the workplace. This includes having a clear anti-harassment policy, providing regular harassment prevention training, and taking prompt and appropriate action to investigate and remedy any reported incidents of harassment.