My most-recent post listed 13 ways employers can facilitate a harassment-free work environment. Today’s post is a follow-up with 8 Steps that victims of sexual harassment in the workplace must take to protect themselves:
- Know your employer’s policies against sexual harassment in the workplace – Most employers have a no-tolerance policy for such behavior; however, you need to know that no tolerance can look different from circumstance to circumstance and from one employer to the next.
- Tell the perpetrator, “No!” – Try your best to muster the strength to tell the perpetrator, “No.” You have the right to do so. According to the law, you have the right to the reasonable expectation that you can work in an environment that is free from harassment. You owe it to yourself because you do not deserve to be treated with the disrespect that sexual harassment represents. You are worth more than that…if not to them, to yourself. If this is the first time that such behavior has occurred, you will hopefully find that telling him//her, “No!” will cause them to apologize and stop exhibiting the unwanted behavior. By telling him/her, “No,” you are letting them know that their behavior is unwelcomed. At this point, if the individual does not exhibit such unwanted behavior towards you again, the decision regarding whether or not you report the incident to your Human Resources department is totally yours.
- Tell someone, preferably at work – Probably one of the best things you can do for yourself as a victim of sexual harassment in the workplace, is to to tell a trusted co-worker or a friend about the incident(s). Having a trusted confidante at work will help you to not feel so isolated while dealing with the issue at hand. And who knows? They may be willing to help you report the situation. Also, the sooner you tell someone the better. A skilled work-place investigator will want to know if, and whom, you told about what you have experienced. Did you know that harassment is one of the employee complaints for which you can bypass your chain of command? That’s right. While employees are required, in most organizations, to follow their chain of command when reporting employee concerns, that requirement does not apply to discrimination, harassment and retaliation complaints, because there are laws against such behavior. Why do you thunk that is? It is because, as I expressed in my post previous to this one, harassers bank on control and thrive on intimidation. So, if the control and intimidation elements are taken away, much of their power is also minimized. Also, many times, the harasser is someone who has decision-making authority regarding employment actions (raises, promotions, work assignments, termination, etc.), related to the victim. Don’t misunderstand me. Not all managers violate their employees’ rights, but the victims of those who do need a neutral party to file their complaints with. That way, the harasser’s interactions with and actions towards the victim can be monitored. Yes, you can report harassment to someone within your chain of command, but you can also go straight to your Human Resources department if you choose. Members of management and human resources representatives are considered officers of the organization; therefore, they accept the responsibility for enforcing the equitable and ethical administration of organizational policies and the laws and statutes that govern workplace behaviors. So, when you tell a member of management or a human resources representative about harassing behavior in the workplace, you have effectively put the employer on notice and the clock starts ticking for them to take affirmative steps to end the behavior. Depending upon the egregious nature of the violation, corrective action can range from counseling and/or retraining, up to and including involuntary termination. Each organization’s internal complaint filing window may be a little different, so make certain to familiarize yourself with your organization’s policies regarding sexual harassment, which is a form of discrimination because it is based on a person’s sex. In addition, many states have either their own state-level office of equal opportunity or an equivalent where you can report harassment in the workplace. You also have up to 180 days following the most-recent incident of harassment to file a charge of discrimination (harassment) with the closest office of the Federal Equal Employment Opportunity Commission (EEOC). So, please know that you have many resources, including private legal counsel, available to you to help inform you of your rights; protect your rights; and to get you through this type of situation.
- Report threats or acts of violence – If the situation becomes violent or threatening in any way, please tell someone. Report to your manager or supervisor if they are not the perpetrator; Report to your employer’s ethics hotline; Report to law enforcement. Your safety and well-being are of the utmost importance, so please take every precautionary step available to you to protect yourself.
- Get rid of the feelings of guilt against yourself – Please do not blame yourself for the harasser’s inappropriate behavior. Don’t let him/her fool you into thinking that you did something to deserve such inappropriate treatment. Also, do not believe that if you report the incident, that you will go down with him/her. And especially, please don’t feel that you are somehow causing the perpetrator pain or disgrace by bringing their behavior to light. Think of the pain and stress that he/she caused you by violating you. Who knows, you may be suffering in silence, only to learn after you speak out, that others were being victimized as well. So by speaking out and making a “good-faith” complaint, you could be that light at the end of the tunnel for someone else. Or, you could be saving another person from experiencing the unfortunate circumstances that you have experienced. I will long remember the horrifying stories recounted by the current and former US Gymnastics team members. During Larry Nasser’s trial, he had the unmitigated gall to write a letter to the presiding Judge that he was worried about his mental capacity to endure days of his victims’ testimony. Remember, the harasser operates on control. He/she is in no way concerned about your well-being. It is all about them and the gratification that they get from controlling the victim; however, they are rarely able to handle it when they are found out and has to “face the music.” I also encourage you to consult your employer’s Employee Assistance Program (EAP). This often under-utilized confidential resource is usually free to employees for a certain number of sessions. Employees are often pleasantly surprised to find out the wealth of resources that these programs have at their disposal to help us all deal with almost any type of life issue. We utilized EAP for our son when he was bullied at school and the counselor was EXCELLENT. I also consulted them after my father passed away. You must be emotionally and psychologically healthy and whole when addressing such a stressful issue and EAP just might be your roadmap to help you maintain your sanity throughout the ordeal.
- Document the details – Even if you are not yet ready to talk to anyone or to file a formal complaint, please, please, please document dates, times, locations, outfits, witnesses, or others present, reactions, comments, gestures, threats, situational events, etc. regarding your encounters with the harasser. You would not believe the important role that this type of evidence can play in strengthening the voracity of your complaint. A tiny detail could cause someone to recall something that corroborates your perspective.
- Know your rights – It is best to know your rights before you think you need to know them. You are typically able to think more rationally when you are learning such information purely for informational purposes and not because you need them in the present. Do your research, call an employment attorney who offers a free, no-obligation consultation on such matters.
- Don’t be intimidated – That is what the perpetrator wants to do…intimidate you. The longer that you are intimidated, the longer they will control you and the longer you will be subject to their inexcusable behavior.
I hope that no one else has to experience this type of terrible situation. But if you do, I hope that I am helping in some way, just with the information contained in this post. You can do this!
Image credit: www.investigatorconfindential.com
