Sexual Harassment FAQ

What is sexual harassment?

In legal terms, sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment. In real life, sexually harassing behavior ranges from repeated offensive or belittling jokes to a workplace full of offensive pornography to an outright sexual assault.

Are there laws that protect against sexual harassment on the job?

Yes. In 1980, the Equal Employment Opportunities Commission (EEOC) issued regulations defining sexual harassment and stating it was a form of sex discrimination prohibited by the Civil Rights Act, which had been originally passed in 1964. In 1986, the U.S. Supreme Court first ruled that sexual harassment was a form of job discrimination -- and held it to be illegal.

Today, there is greater understanding that the Civil Rights Act prohibits sexual harassment at work. In addition, most states have their own fair employment practices laws that prohibit sexual harassment -- many of them more strict than the federal law. To find out the law in your state, call 800-669-4000 and ask for the federal EEOC office nearest you.

I'm being sexually harassed at work. What should I do?

Tell the harasser to stop. Surprisingly often -- some experts say up to 90% of the time -- this works.

When confronted directly, harassment is especially likely to end if it is at a fairly low level: off-color jokes, inappropriate comments about your appearance, tacky cartoons tacked onto the office refrigerator or repeated requests for dates after you have said no.

But clearly saying you want the offensive behavior to stop does more than let the harasser know that the behavior is unwelcome. It is also a crucial first step if you later decide to take more formal action against the harasser. And give serious thought to documenting what's going on by keeping a diary or journal; your case will be stronger if you can later prove that the harassment continued after you confronted the harasser.

What if the harassment doesn't stop even after I've confronted the harasser?

If the harasser has ignored your oral requests to stop, or you are uncomfortable talking to the harasser face to face, write a succinct letter demanding an end to the behavior-and save a copy. If that doesn't end the harassment, you should escalate your complaint within the company. Check your company's employee handbook, personnel policies or manual. Is there a sexual harassment or complaint policy? If not, ask someone in the human resources or personnel department how to make a sexual harassment complaint.

Although you might be tempted to skip this step, don't give in to the temptation. The U.S. Supreme Court has said that, if an employee fails to use the company's internal complaint procedure to make the company aware of (and give the employer a chance to correct) the problem, she cannot later hold the company liable in a lawsuit for her harassment. This means that you are quite likely to lose in court -- should it come to that -- if you don't complain right now. Even if your company doesn't have a formal complaint procedure, you are on safest ground if you put the company on notice of the harassment. You can do this by making a complaint to the human resources department, telling your supervisor of the problem or sending a letter to a company VIP.

Sexual Harassment FAQs

How should I prepare to make a complaint, either within my company or to a state or federal agency?

Start by collecting as much detailed evidence as possible about the specifics of your harassment.

Be sure to save any offensive letters, photographs, cards or notes you receive. And if you were made to feel uncomfortable because of jokes, pin-ups or cartoons posted at work, confiscate them -- or at least make copies. An anonymous, obnoxious photo or joke posted on a bulletin board is not anyone else's personal property, so you are free to take it down and keep it as evidence. If that's not possible, photograph the workplace walls. Note the dates the offensive material was posted -- and whether there were hostile reactions when you took it down or asked another person to do so.

Also, keep a detailed journal. Write down the specifics of everything that feels like harassment. Include the names of everyone involved, what happened, where and when it took place. If anyone else saw or heard the harassment, note that as well. Be as specific as possible about what was said and done -- and how it affected you, your health or job performance.

If your employer has conducted periodic written evaluations of your work, make sure you have copies. In fact, you may want to ask for a copy of your entire personnel file -- before you tip your hand that you are considering taking action against a harassing co-worker. Your records will be particularly persuasive evidence if your evaluations have been good but after you complain, your employer retaliates by trying to transfer or fire you, claiming poor job performance.