Employers should work in environments that promote confidence and possibilities for career advancement. Unfortunately, illegal treatment like sexual harassment or assault can have devastating effects on employees’ ability to thrive and pose threats to their safety. These situations, however, are not uncommon; regardless of position or gender, anyone can potentially fall victim.
If you are experiencing sexual harassment in the workplace, the initial confusion or overwhelm may leave you uncertain about which actions to take. From dealing with day-to-day work activities to worrying about the future consequences to taking legal action, you may face numerous challenges. That is why workers across the United States should be familiar with the legal implications of sexual assault.
If you live in Southern California, for example, consulting with an Orange Country sexual harassment attorney will help you determine your legal options and navigate the process more easily. This article provides practical guidance for dealing with sexual harassment in the workplace – from the initial reaction to contacting a lawyer and filing a complaint.
Address The Issue
Asking the person who is sexually harassing you to stop might be easier said than done. You might feel intimidated or concerned about your job, especially if the person in question is a senior employee. However, both for your safety and the outcome of any subsequent investigation, it might be best to start by telling the harasser to stop.
Of course, you should keep in mind that this might lead to retaliation and unlawful action. If at any point you feel that the response violates your worker’s rights, you should contact a workers’ compensation attorney. You can find experienced lawyers at www.mitchelllawcorp.com or other law firms across Southern California and the U.S. Although such circumstances can be extremely stressful, it’s crucial to remember that you are protected by law and entitled to seek justice for any wrongdoings in the workplace.
Follow The Company’s Complaint Procedure
After you’ve tried to address the issue verbally, the next step to take is to file an official complaint. Your company’s procedure for reporting sexual harassment should be available on your company’s internal website or outlined in the employee handbook. Usually, the process will require you to report the incident to your manager or human resources. In some cases, they might give you a third party to contact, especially if the company doesn’t have a human resources department.
Although you might hesitate to report the incident if you believe the behavior won’t repeat in the future, it might be comforting to know that complaining about sexual harassment is becoming easier and far more accepted. Studies have shown that about 81% of women and 43% of men have experienced some form of sexual harassment, and nationwide movements have encouraged workers to speak openly about it and report the incidents.
Follow-Up On The Investigation
Once you file a complaint, be sure to keep all documentation so that you have written proof that you’ve taken action. If the company doesn’t provide a copy of the complaint, you can send a follow-up email summarizing the conversation to keep a paper trail. That way, you can protect yourself against any false claims that you didn’t report the incident or didn’t include all necessary information.
It might also be helpful to ask for a timeline so you know when you can expect to hear back and continue with the investigation. Although the company might not share every detail of the procedure, they are obliged to investigate the issue and take appropriate actions. If the behavior you reported is extreme, the company should take immediate steps to separate you from the harasser to protect you from any danger while the investigation is ongoing.
Seek Legal Help
All companies are required to comply with New York sexual harassment training laws for all the employees. So if you believe the company isn’t taking the issue seriously or handling it the right way, you can always file a charge with the EEOC or a state or local employment agency. In fact, if you wish to file a lawsuit, this is a necessary step. However, you should pay attention to the deadlines. You will typically need to file a complaint within 180 days after the last incident, but this number varies based on the agency and other factors.
If the agency finds a legitimate cause, they can either attempt to resolve the situation with the employer through conciliation, litigate it themselves (although this happens rarely), or give you the right to sue so you can take the case to court. Once you’ve received a letter confirming your right to sue, you will have a window – typically 90 days – in which you should discuss the case with your lawyer and prepare for court.
Final Words
If you’ve been a target of sexual harassment, you might be afraid to speak up or even wonder if you’re to blame for the harasser’s actions. However, it’s important to remember that you shouldn’t be embarrassed and that the law is on your side.
To deal with the situation in a timely and safe manner, you should try to address the issue directly with the person, follow the company complaint procedure, follow up on the investigation, and seek legal help if you deem it necessary. These actions might seem overwhelming, but it’s essential to act fast to ensure your rights are protected.
