Yahoo Finance How to Shut Down Workplace Sexual Harassment
(This information is intended to provide general advice; please consult a legal professional for help with your specific situation.)
You have the right to a workplace that is free from sexual harassment.
That's more than a Pollyanna phrase from a motivational office poster. It's the law. Title VII of the Civil Rights Act of 1964, to be exact.
But as many people, especially women, know from experience, that law doesn't prevent co-workers, managers and executives from telling crude jokes, making unwelcome overtures or even touching without permission.
Months of news coverage has made clear to everyone else, too, just how pervasive sexual harassment is in the American workplace. Celebrities, office workers and factory laborers have joined the #MeToo movement, sharing grim details of the harassment or assault they've endured on the job and demanding that perpetrators be held accountable for their actions.
Experts are cautiously optimistic that the twin tidal waves of publicity (for the problem) and punishment (for high-profile harassers) will finally provoke a sea change in corporate culture and interpersonal behavior. To push for reform, Hollywood stars have invested money and lent clout into a new legal defense, advocacy and policy organization called Time's Up.
Attitudes have "changed more in the past two months than I have seen changes in this particular topic in 28 years," says Amy Polefrone, chief executive of consulting firm HR Strategy Group.
In the meantime, harassment persists. Here's what you need to know to handle workplace sexual harassment, whether you're a target, a manager or someone accused of misdeeds.
What laws govern workplace sexual harassment?
Workplace sexual harassment is illegal. In 1986, the Supreme Court ruled that this behavior violates the non-discrimination clauses of the Civil Rights Act of 1964 in its decision on Meritor Savings Bank v. Vinson.
Federal law defines workplace harassment as "unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information." More specifically, sexual harassment relates to sex or pregnancy status, according to the U.S. Equal Employment Opportunity Commission, the federal agency that enforces civil rights labor laws. Federal regulations apply to employers with 15 or more employees. State laws may provide more protections for targets of sexual harassment, especially in cases related to sexual orientation.
There are two types of unlawful sexual harassment. The first, known as "quid pro quo," happens when your employment depends on your participation in unwanted sexual conduct. For example, if your boss threatens to fire you, or withhold your promotion, unless you offer sexual favors, that's illegal.
The second happens when harassment is "severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive."
People may find it difficult to recognize the trademarks of a "hostile work environment," because those bullying conditions have become endemic at some offices. For many women, being uncomfortable at work is just part of the routine.
Luckily, the EEOC provides examples of behaviors that count as sexual harassment:
-- Offensive jokes
-- Slurs, epithets or name calling
-- Intimidation
-- Ridicule
-- Insults
-- Offensive objects or pictures
-- Interference with work performance
-- Physical assaults or threats
-- Unwelcome sexual advances
-- Requests for sexual favors
The EEOC does not count "petty slights, annoyances, or isolated incidents (unless extremely serious)" as illegal harassment.
Additionally, retaliating against someone who reports discrimination or harassment is also illegal.
According to the law, harassers can be men or women, co-workers, supervisors or non-employees such as clients. Targets can be employees or job applicants. Harassers and targets can be of the same or different sex.
[See: 10 Things Only Bad Bosses Say.]
What are the legal consequences of workplace sexual harassment?
Because sexual harassment is illegal, employers are obligated to take it seriously. They're legally responsible for trying to prevent harassing behavior, which is why many companies expressly forbid it in their policies and employee guidelines.
If a manager harasses an employee and the situation results in the employee getting fired, not promoted, losing wages, etc., the company may be liable. That means it can face consequences imposed by the EEOC or a lawsuit brought by the target.
If a manager creates a hostile work environment, the company may be liable unless it can prove that it tried to prevent and correct the behavior and the target failed to follow the company's procedures for preventing or reporting such behavior.
Companies are also legally obligated to end sexual harassment by non-supervisors or non-employees over whom it has control, such as independent contractors. If a company doesn't act, it may be liable.
What should I do if I'm sexually harassed at work?
People who are targets of workplace sexual harassment have several options for responding. Here's what experts recommend:
-- Tell the harasser that his or her behavior is unwelcome. These are some examples of possible responses:
-- "Don't use that kind of language, it is inappropriate."
-- "That offends me, please stop."
-- "That's not appropriate for the office."
-- Document the behavior, writing down what occurred, the dates it happened and the people involved.
-- Report the behavior internally, via a company manager, human resources representative or ethics hotline.
-- Consider reporting externally with the EEOC or contacting a lawyer.
The law does not always require you to raise concerns internally to company leaders before making complaints to the EEOC, says Melissa Raphan, partner and chair of the labor and employment group at law firm Dorsey & Whitney, but there are some exceptions. Talk to an attorney if you're not sure about your situation.
Of course, companies prefer to resolve these issues in-house rather than attract external attention.
Some targets choose not to report inappropriate behavior, perhaps out of fear of retaliation. They may cope with it as best they can or seek employment elsewhere.
If you're hesitant to report the incident, remember that retaliation is illegal. If you feel you're being retaliated against for reporting sexual harassment, contact the EEOC or a lawyer.
[See: Be Thankful for These 6 Workplace Rights.]
What should I do if I'm sexually assaulted at work?
The law distinguishes between harassment and assault. Sexual assault, battery and rape are criminal offenses that involve varying degrees of fear of or actual unwanted physical contact. You can also report these crimes to the police so that law enforcement will investigate, leading to possible criminal charges. Experts recommend you do so.
Companies cannot file criminal charges on behalf of employees, says Karen Elliot, labor and employment attorney at Eckert Seamans in Richmond, Virginia. The most a company can do is fire an alleged assaulter.
"I think we are seeing an increase in some women going directly to use the criminal process," she says.
What happens after I report workplace sexual harassment to my company?
"Most companies have a well-laid-out investigative process through which they put these complaints," Raphan says.
Likely, a human resources representative will interview you to get information about the situation. Human resources will inform the accused and interview him or her, too. The department may also interview witnesses during the investigation. Then the company will decide how to rectify the problem.
Some targets don't realize that, in their employment contracts, they signed away their rights to sue their employer by agreeing to "mandatory pre-dispute arbitration."
If you have this kind of clause in your job contract, you will have much less power to fairly resolve a sexual harassment case, says employee rights attorney Carney Shegerian, who estimates that 20 percent of potential cases he reviews involve targets who are bound by arbitration agreements. Companies may have relationships with arbitrators, who, in Shegerian's experience, sometimes throw out valid cases and tend to award targets only 10 percent of what a jury would award for the same situation.
"It's a gross unfairness in the law," he says.
Similarly, your job may try to pressure you into signing a non-disclosure agreement as part of the financial settlement for a sexual harassment case. Some legislators have proposed bills to ban these secrecy restrictions, arguing that they harm targets and the public.
What happens if I file a claim with the EEOC?
The EEOC aims to stop employment discrimination and help targets seek remedies for damages. That could mean restoring a job lost through an illegal firing or imposing fines on a company to pay for the financial costs and emotional harm associated with harassment.
The period during which you can file a sexual harassment complaint with the EEOC is limited. You may have 45, 180 or 300 days after the event occurred, depending on where you live and whether you work for the federal government or a private employer.
After you file, if your case meets EEOC criteria, the agency will inform your employer of the charge. The EEOC may pursue mediation, asking you and your employer to reach a settlement. This process usually takes less than three months. It may open an investigation, requesting information from your employer and witnesses. This process takes 10 months, on average. Or, it may file a lawsuit to sue your employer for violating the law.
The EEOC may grant you permission to sue your employer if it decides not to pursue a lawsuit.
What if I am a freelancer or contract worker?
Freelancers and contract workers do have workplace rights when it comes to sexual harassment, but they vary by state and may differ somewhat from the rights of full-time employees, Shegerian says.
No matter your job title, check these U.S. Department of Labor definitions to determine whether you qualify as an employee under federal law. If not, but you work through an agency, contracting company or union, contact representatives there to make a complaint or seek advice. Also check your state regulations and contact an employment law attorney to get the most accurate information about your specific situation.
[Read: 5 Reasons to Leave Your Toxic Job Right Now.]
As a manager, what should I do if an employee reports sexual harassment to me?
Managers must acknowledge complaints and report offending situations to the human resources department or to an executive. They should not excuse or ignore alleged bad behavior.
"It's important to put the issue in the hands of the people who are experts," Raphan says. "Run, don't walk, to human resources."
Managers who neglect to report allegations of sexual harassment could be found liable in court for not doing their part to ensure the workplace was safe and productive, Polefrone says.
What should I do if I've been accused of sexual harassment at work?
If you've been accused of sexual harassment at work, immediately seek a clear understanding of the allegations and your company's policies, Raphan advises.
Then, cooperate fully with your company's investigation, Elliott says. If you refuse, you could be fired.
During the investigation, you may decide to hire an attorney to help represent your interests, but some companies won't allow your counsel to be present during interviews, Raphan says.
While it's ongoing, don't gossip about the situation and don't do or say anything that could be perceived as retaliation, Polefrone says: "If any action of the accused has any perceptions of retaliation against the complainant or witness, that can have graver consequences than any initial complaints."
If you didn't engage in the behavior of which you are accused, provide human resources with as much evidence as possible, including electronic and phone records.
If you did engage in the behavior but believed it was consensual, be candid about it, Raphan advises.
"Denying accusations that actually occurred is probably the worst position a person can put himself in," she says. "Own up to it and apologize."
But recognize that offenses exist on a continuum: "Some behavior can be 'cured' by an apology and some can't," Raphan says. "Touch probably can't."
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