Employees who are sexually harassed may be able to safely confront the abuser or report them to their HR department, but for others, this is not an option. The boss could be intimidating or threatening. Many employees hesitate because they do not trust that they will be taken seriously, or believe they will be ignored or retaliated against. There is the added worry that the situation will not be handled properly.
All employers are responsible for training employees on what sexual harassment is and how their employees can report it. There should also be policies and procedures in place to prevent workplace sexual harassment, along with ways to monitor and enforce company rules.
Once an incident is reported, it should be promptly and thoroughly investigated. There also needs to be a procedure for ending the harassment and dealing with the person who has been accused. Retaliation against the allegedly harassed employee is also illegal.
Your employer is still responsible for handling the sexual harassment situation, even if you are unable to speak to your boss. It might be possible to talk with another company manager like your boss’ boss, but that can also feel intimidating.
If you belong to a union, they may be able to help. An email complaint can also be effective when verbal confrontations increase feelings of anxiety. This way, there will be an electronic footprint proving that you tried to resolve the situation.
Whether or not you decide to communicate directly with a company representative, document everything that pertains to the harassment. Examples include suggestive emails, verbal comments, and not agreeing to perform sexual favors in exchange for a promotion. Record the dates and times, and include as much detail as possible. If you sought therapy to help you deal with the harassment, keep records of that as well.
Can I File a Complaint?
Title VII of the Civil Rights Act of 1964 prohibits harassment based on sex and other protected categories, including pregnancy, gender identity, and sexual orientation. All employers are responsible for preventing and addressing sexual harassment whether it is a small organization or a major corporation, and this applies to working environments, hiring, promotions, layoffs, company programs, benefits, and firing.
You have the right to file a formal complaint with your employer through your union or with a government agency. Discrimination charges can be filed with the Equal Employment Opportunity Commission (EEOC), and in some cases, another party can file it to protect your identity. There are time limitations that vary by state. To get started, you can try contacting your state’s fair employment office or civil rights or human rights agency.
Philadelphia Employment Lawyers at The Gold Law Firm P.C. Protect Employees from Workplace Sexual Harassment
Workplace sexual harassment should never be taken lightly. If you are unable to address the situation without legal help, contact one of our skilled Philadelphia employment lawyers at The Gold Law Firm P.C. Complete our online form or call us at 215-569-1999 for a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, and Montgomery County.
