Ending Sexual Harassment
Sexual harassment can come in a broad array for forms. Given this, navigating the best route to end the harassment can be difficult. If you are uncertain about what exactly to do right now, no worries. Taking action, any action to attempt to end the harassment, is the most important part. Over time, the path forward will present itself. The only wrong choice is to continue tolerating (and thereby, condoning) the behavior. Each day you don’t take a step to end the harassment you’ve been experiencing is another day you are choosing to put the well-being of your harasser before your own.
Because the overall atmosphere and complex interpersonal dynamics of each workplace vary drastically, there is no one-size-fits all scenario when it comes to the best route to end sexual harassment. You are the expert on your personal experience and specific circumstances, so it’s your call when weighing the options.
Below are some of the most common options to consider if you have experienced sexual harassment. Remember, if one option doesn’t end the harassment then don’t hesitate to use another, and then another, until it is properly addressed.
Go to Law Enforcement
If you’ve experienced sexual conduct, such as sexual assault, so severe that it is likely criminal, then I highly encourage you to go directly to law enforcement to report it. File a police report as soon as possible. Law enforcement will then contact your employer for you.
Confront Your Harasser
It’s not uncommon for women to quickly find ways to mitigate future scenarios that make them vulnerable to the type of sexual harassment they’ve experienced. However, this isn’t always possible, nor should we have to develop mitigation strategies in the first place. So, sometimes you have to confront your harasser head on.
Unwelcomed conduct is the key element of sexual harassment. Given this, make it clear that you do not welcome the conduct, ideally in written form. This can be an initial approach for harassment that isn’t necessarily predatory, but is still obnoxious and offensive. For example, you can draft an email saying “During our meeting this morning, the comment you made about ___ made me feel very uncomfortable and objectified. Please don’t make comments like that in the future.” Having documentation that you made it clear the conduct was unwelcomed will be important if the issue escalates.
In many situations, however, direct confrontation might not be effective, or it may be too triggering. Remember that your well-being is your top priority and you are the only one that will know if confronting the harasser will adversly affect your well-being. In addition, keep in mind that it is never your responsibility to teach a coworker, or supervisor, how to respectfully speak and behave towards you.
If you take this step and the issue is not resolved, see options 3 or 4, or go directly to option 7.
Report to Your Employer
You can directly report the sexual harassment to your supervisor, HR representative, or other upper-level management. Ideally, management will effectively address the sexual harassment. Read more about this option in my blog titled “Filing an Internal Complaint.”
If you take this step and the issue is not resolved, see option 5 or go directly to option 7.
Take Collective Action
You can unite with one or more of your coworkers to request a meeting with your employer, submit a petition, or make a list of demands to address the sexual harassment. Read more about this option in my blog titled “Taking Collective Action.”
If you take this step and the issue is not resolved, see option 5 or go directly to option 7.
File an Internal Complaint Within Your Company or Agency
This option can be taken when management fails to effectively address the sexual harassment, or you begin to experience retaliation by management for reporting the harassment. This option may include an internal investigation. Ideally, the company/agency will address the harassment or retaliation as a result of the complaint and investigation. However, this option also has the potential to be a long, arduous process, with no obligation for the company to address the issue. Read more about this option in my blog titled “Filing an Internal Complaint.”
If you take this step and the issue is not resolved, see option 7.
Go Through Your Union
If you’re a member of a union, you can also speak directly to your union representative. Your union representative can serve as a liaison between yourself and the company and help to navigate the reporting process with your employer. If your harasser is also a member of the union, however, the union is obligated to advocate for them as well.
If you take this step and the issue is not resolved, see option 7.
File a Claim With the Equal Employment Opportunity Commission or Local Agency (LINK TO TOPIC 9)
This is the initial step to take legal action against an employer. It will also likely involve an investigation. While this sounds drastic, the company/agency may be more compelled to remedy the sexual harassment or retaliation. In other words, your issue will be taken seriously. It is also important to note that many EEO grievances are resolved before the case becomes a formal lawsuit. Depending on your employer, you may need to contact an EEO counselor within 45 days of the last incident, so don’t delay contacting the EEO if you believe your employer isn’t going to take your concerns seriously! Read more about this option in my blog titled “Reporting to the Equal Employment Opportunity Commission.”
Resign
As always, your well-being is your top priority, and sometimes this means resigning from your workplace. If you are considering resignation, I recommend contacting an EEO counselor and an attorney, as soon as possible — the counselor may be able to resolve the issue by negotiating a change in projects, position, supervisors, and/or location with your employer. If the issue can’t be resolved, and you choose to resign, the EEO counselor can also negotiate other remedies, such as compensation for future lost wages. Read more about this option in my blog titled “Resignation.”
If you are experiencing, sexual harassment, retaliation, or any other form of workplace discrimination, feel free to reach out to me at hello@kendallsimon.com for support and guidance.
***Disclaimer: These are merely my recommendations based on my personal experience. I am not legally responsible for any decisions made based on the information provided.***