(Editor’s Note:  This article has been split into three parts.  Please read the rest of these helpful tips about sexual harassment in the workplace.)

Find and save the employer’s sexual harassment policy – Most employers have a written sexual harassment policy or at the very least a written procedure for making formal complaints.  This may be found in the employee handbook, on a poster in the break room, in your union contract, on the company website, or in the HR office.  Find and save the policy and follow the steps to the letter in order to report any conduct that is offensive or harassing.

File a complaint – Using the policy mentioned above, go through the administrative steps to file a formal complaint with the designated person or HR representative.  Always put it in writing, even if there isn’t a form for you to fill out.  Type a letter to HR if you have to.  Many times victims will report “bullying” or “harassment” but won’t specify the sexual or gender slant to it saying they “didn’t want to go there.”  Sometimes you have to go there and if you don’t get it down in writing from the jump, you could be later accused of trumping up your accusations for personal gain.

Document, document, document – No matter how small or insignificant the incident was, document it.  Keep a diary or a calendar and record names, dates, times, locations, witnesses, offensive actions and statements in a very descriptive way.  Keep it safe and current.  No matter if you choose to bring suit or not, this kind of document is extremely helpful to any person or agency trying to assist you with the issue.

They don’t have to fire the harasser – You may be surprised to hear the employer doesn’t have to fire the harasser in order to fix the situation.  The only requirement is that they have to remedy the situation so that it doesn’t ever happen again.  This could involve training, discipline, warnings, transfers and the like.  Of course, the employer may well fire the harasser in extreme cases to ensure it never happens again.  But you shouldn’t expect termination of the harasser to be the only satisfying remedy you will accept.

The employer must investigate – Once you make a complaint, the employer has a duty to investigate the allegations.  That means they will probably talk to your co-workers, the harasser and any witnesses you specify.  This can open you up to the harasser becoming aware that you reported them, even if the employer says your complaint is confidential.  It’s a little scary and you might have to endure further harassment but the courts say you have to do it anyhow.  If you are harassed further for making your formal complaint, document every last incident in great detail.

You have the right to work in an environment that is free of harassment based on gender or sex.  Henrichsen Siegel has helped many clients break out of this distressing and unacceptable situation.  Contact us today to resolve this matter and ease your mind.  We represent clients in Washington, DC, Maryland, Virginia, Florida and Georgia.

Protect your rights.

(Editor’s Note:  This article has been split into three parts.  Please read the rest of these helpful tips about sexual harassment in the workplace.)

 

Posted in Harassment