What You Should Know About Sexual Harassment And Retaliation
Sexual harassment at work is against the law, yet many victims feel they will face retaliation if they decide to speak up. If you have experienced sexual harassment in the workplace, keep in mind that there are laws in place to protect you. Here are some things you need to know:
What Is Considered Sexual Harassment?
Sexual harassment is any form of discrimination based on sex in the workplace. There are many behaviors that are considered sexual harassment. There are some factors that can dictate what constitutes an act of sexual harassment.
The first is that the sexual advances must be unwanted and unwelcome. Examples of sexual advances include touching or asking for sexual favors in exchange for something. The second factor is that the harassment must cause a personnel action, like a demotion, firing, not promoting the victim, or a change in pay or benefits. If there is no tangible personnel action, the harassment must be pervasive enough that it creates a hostile working environment.
What Should You Do First?
The first thing you should do if you are being sexually harassed is to document the action. You should keep a record of all instances of unwanted sexual advancements on paper, which should also include the date, time, and any other pertinent information. You should also keep any emails, voicemails, texts, photographs, or anything else you have received that you believe to be sexual harassment.
At the same time, you also need to seek legal counsel. Your sexual harassment attorney will look at your evidence to determine if the action meets the legal requirements to be categorized as sexual harassment.
Does It Matter Who Is Harassing You?
You as an employee are not required to endure sexual harassment from anyone at work, whether it is a supervisor, co-worker, or even a customer. You should report your harassment to the proper supervisor at your place of employment. Your employer is bound by law to protect you from any sort of harassment in the workplace. Failure to do so can meal legal ramifications for your employer.
Can an Employer Retaliate Against You?
It is unlawful for any employer to retaliate against employees for speaking up about sexual harassment. There can also be no retaliation if you refuse a sexual advance or speak in opposition to the misconduct against you.
Retaliation can include anything that would discourage you from reporting the harassment. This includes a termination, demotion, a placement in a poor working environment, or a reduction in hours.