A Story of Strength: Sarah loved her job as a graphic designer. However, over the past few months, a coworker began making inappropriate jokes and comments about her appearance. He would also linger close to her desk, making her feel uncomfortable and unsafe. Sarah felt trapped, unsure of what to do. This is a scenario many people face – a reality where unwelcome behavior creates a hostile work environment.
What is Workplace Harassment?
Workplace harassment occurs when unwelcome conduct based on a protected characteristic (race, religion, sex, national origin, etc.) creates a hostile work environment or interferes with an employee’s work performance. Harassment can be verbal, physical, or sexual, and even seemingly small incidents can be considered harassment if they are repetitive and create a negative work environment.
Why You Should Take Action
Harassment can have a significant impact on your well-being. It can lead to anxiety, depression, and difficulty concentrating at work. By taking action, you are protecting your mental and emotional health, and sending a message that such behavior is unacceptable.
Understanding Your Rights and Options
Knowing Your Legal Protections
The good news is, you are not alone. Federal and state laws protect employees from workplace harassment. Here’s a starting point:
- Title VII of the Civil Rights Act: This federal law prohibits discrimination and harassment based on race, color, religion, sex (including pregnancy), and national origin. Sexual harassment is a form of sex-based harassment under Title VII.
- State and Local Laws: Many states and localities have their own laws that may offer broader protections against harassment than federal law. These laws may cover additional protected characteristics, such as age, disability, or sexual orientation. It’s important to research the specific laws in your state for comprehensive protection.
Documenting the Harassment
Building a strong case starts with thorough documentation. Here’s what to include:
- Dates and Times: Record the specific dates and times of each harassment incident.
- Details of the Behavior: Describe the harassing behavior in detail, including specific words used, actions taken, and any witnesses present.
- Impact on You: Document how the harassment has impacted your work performance and well-being.
- Evidence: Collect and save any emails, texts, or voice recordings that support your claims.
Reporting Options: Internal and External
You have options when it comes to reporting the harassment. Here are two main avenues:
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Internal Reporting:
- Supervisor or HR Department: Most companies have established procedures for reporting harassment. Report the incident to your supervisor or Human Resources department as soon as possible. Follow up in writing to document your complaint.
- Anonymous Reporting System: Some companies have anonymous reporting hotlines or online systems. This can be a good option if you are hesitant to come forward directly.
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External Reporting:
- Equal Employment Opportunity Commission (EEOC): The EEOC is the federal agency responsible for enforcing employment discrimination laws. You can file a complaint with the EEOC online or by phone.
- State or Local Fair Employment Agency: Many states and localities have their own fair employment agencies that can investigate harassment complaints.
Seeking Legal Help: A Strong Advocate on Your Side
Workplace harassment can be complex, and navigating legal procedures can be daunting. Consider consulting an employment lawyer specializing in harassment cases. Here’s how a lawyer can help:
- Understanding Your Legal Options: A lawyer can explain the legal landscape surrounding your specific case and advise you on the best course of action.
- Building a Strong Case: A lawyer can assist you in gathering evidence, strengthening your complaint, and preparing for any legal proceedings.
- Negotiation and Representation: In some cases, a lawyer may be able to negotiate a settlement with your employer. If necessary, a lawyer can also represent you in court.
Finding an Employment Lawyer:
- Bar Association Lawyer Referral Services: Many state bar associations offer lawyer referral services that can connect you with qualified employment lawyers in your area.
- Online Directories: Several online directories list employment lawyers with expertise in harassment cases.
- Word-of-Mouth Recommendations: Talk to friends, family, or colleagues who have faced similar situations to see if they can recommend a lawyer.
Remember, you deserve to work in a safe and respectful environment. By understanding your rights, documenting the harassment, and seeking legal help if needed, you can take action against workplace harassment and protect your well-being.
Protecting Yourself During the Process
Taking Care of Yourself
While taking action against harassment is crucial, taking care of your own well-being needs to be a priority. Here are some self-care strategies to consider:
- Seek Emotional Support: Talking to a therapist or counselor can help you process the emotional stress of harassment. Sharing your experience with trusted friends or family members can also provide valuable support.
- Maintain a Healthy Work-Life Balance: Harassment can be draining. Make sure to prioritize activities outside of work that bring you joy and help you de-stress. This could include spending time with loved ones, pursuing hobbies, or getting regular exercise.
Minimizing Contact with the Harasser
You have the right to request reasonable accommodations from your employer to minimize contact with the harasser. Examples of such accommodations could be:
- Schedule Changes: Requesting a change in your work schedule to avoid overlapping with the harasser’s schedule.
- Work Location Adjustments: If possible, requesting a transfer to a different department or work location to limit contact.
- Increased Supervision: Asking for increased supervision from a manager when interacting with the harasser may be necessary.
Knowing Your Rights Against Retaliation
It’s illegal for your employer to retaliate against you for reporting harassment. Unfortunately, retaliation can still happen. Here’s what you need to know:
- Document Everything: Keep detailed records of any incidents that seem retaliatory, including changes in your workload, performance evaluations, or disciplinary actions.
- Report Retaliation: If you believe you are being retaliated against, report this behavior to your HR department or a supervisor who was not involved in the original harassment complaint. You can also file a separate complaint with the EEOC or your state fair employment agency.
Remember, you are not alone in this battle. Don’t be afraid to assert your rights and seek help. By prioritizing your well-being, exploring accommodation options, and understanding your rights against retaliation, you can navigate this process with strength and resilience.
