Steps Women Can Take if They are a victim of Sexual Harassment in the Workplace
Author: Eric Minghella
Keywords: sexual harassment, employment law, gender equity
Too many women are still experiencing sexual harassment in the healthcare industry. A 2019 study in the Online Journal of Issues in Nursing (OJIN) stated, “Sexual harassment is a systemic and pervasive problem within healthcare, not a series of random acts.” If you’ve experienced sexual harassment or are experiencing it, please know you can take steps like filing a complaint against your employer to get it to stop. If it’s happening to you, chances are good that it’s happening to other women in your workplace as well. By standing up against harassment you could be protecting other women as well as yourself.
Sexual harassment is illegal. No matter what your employer or your HR department tries to tell you, all discrimination based on sex, race, religion, and country of origin was outlawed by Title VII of the Federal Civil Rights Act. Title IX also protects students from sexual harassment. So if you are a medical student and you are experiencing sexual harassment, you are protected under federal law as well. If you have been a victim of sexual harassment in the workplace you have the right to file a Federal complaint with the U.S. Department of Labor and you can also file a complaint in the state where you work with the state labor authorities.
What You Can Do if You’re a Victim:
If you’re experiencing sexual harassment at work, you need to get a copy of the company’s official policy on sexual harassment. Every company has one. It might be found in your employee handbook, or it might be in a handout that you had to sign when you started working there. If you can’t find a copy, then ask HR for a copy of the company policy on sexual harassment.
Then read that statement very carefully and make sure that you totally understand it. You must know the policy in order to know when the company is violating it. When you have a good understanding of the policy start keeping a log of every single incident of harassment that you’ve experienced that violated the policy. Employers are able to see what is on an employee’s computer, such as emails and other documents on that server, it is recommended you log the indigents on your personal computer.
Write down the date and time of each event, who was involved, a brief summary of what happened, and explanation of how it violated the official policy. Include any proof that you have like emails, screenshots, or photos. Make several copies of this document including an electronic one but don’t keep it at work. Send a copy of the document to your HR department and your boss. Make sure you have proof it was received by sending it registered mail or by turning on read receipts if you send it by email. Keep all communication after that in writing to build a paper trail.
Send the complaint letter promptly. Depending on the type of business you work at you could have only 18- days or 300 days to send the document. If you wait too long you could lose your right to file a complaint.
Filing A Claim For Sexual Harassment
As soon as you have notified your boss and HR about the sexual harassment you can and should file a claim with the Federal Office of EEOC and with the state labor board in your state. You also have the right and should consider seeking legal advice regarding how to file a sexual harassment complaint against your employer. A lawyer will be able to tell you what your best course of action is going forward with your complaint. If you want to seek the counsel of a sexual harassment lawyer, some lawyers work on a retainer, while others work on a contingency fee, meaning they don’t charge anything unless your case is won. It is recommended you consult with your lawyer beforehand on the payment method.
What people may not realize regarding sexual harassment is how important emotional support is. Fortunately, there are many organizations that offer this emotional support to women experiencing sexual harassment in the workplace, such as RAINN. It’s also important to look to those closest to you for emotional support, such as family and friends considering how isolating this process can be. Look to your allies for their reassurance, support, patience and respect for your privacy. Remember that even though it can be scary to stand up for your rights you are helping other women to avoid being victims of sexual harassment in that workplace by being brave and filing complaints against your employer.
About the author: Eric Minghella is associated with the organization Employment Law Help
