Sexual harassment in the workplace can affect anyone in any job. While not limited to
women, the statistics show that only 15% of charges are filed by males.
Sexual harassment destroys the work
environment. The anxiety and frustration experienced by victims can impact their quality
of life and the quality of their work.
Although steps are being taken to eliminate sexual harassment in the workplace, employers
and law agencies cannot always prevent it but they can help victims by responding to
complaints and dealing with the violators.
Harassment laws remain vague since what is considered harassment by one individual may not
be by another. To that effect, laws are created to protect the victim, and knowing your
rights can help you face harassers and employers when dealing with problems in the
workplace.
What constitutes sexual harassment?
According to the U.S. Equal Employment Opportunity Commission
(EEOC), "Unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature constitute sexual harassment when this conduct
explicitly or implicitly affects an individual's employment, unreasonably interferes with
an individual's work performance, or creates an intimidating, hostile, or offensive work
environment."
Sexual harassment can be made by members of the same gender and
it does not have to be from a person in a position of superiority over the victim. The
harasser may be a co-worker or even a non-employee depending on the circumstances.
An individual can file a charge of harassment even if they are
not the intended target. Any person who feels affected by the offensive nature of the act
can make a charge.
If you feel your work, emotional or physical safety are being
threatened or affected by sexual undertones in the workplace, it may be considered
harassment. Each case is dealt with individually and companies will have different
policies for what they consider to be sexual harassment and how they deal with it.
If the company offers no method of filing a complaint, no
investigation is made or no reasonable action is taken against the violator, you should
file a charge with the EEOC. Charges must usually be filed within 180 days of an alleged
violation.
What are my rights?
You have the legal right to work in an environment that is free
of sexual harassment.
You also have the right not to receive retaliation for making a
charge, testifying, or participating in an investigation into the charge.
Where do I file a charge?
Charges must be filed with the EEOC before a private lawsuit can
be made. The charge can be filed at an EEOC office or through the mail. You can find
information on your nearest office through their website at eeoc.gov.
Some areas have local agencies called Fair Employment
Practices Agencies, which also deal with claims and work in agreement with the EEOC.
Taking a stand against sexual harassment in the workplace
is important for everyone. Helping to identify problems and expose violators will increase
awareness of the situation and make the work environment safer for us all.
