What is the first thing that any person expects while working in a company or workplace? Safety and security. Having the surety of one’s safety is priceless, but that’s not something every workplace offers. Workplace harassment is a serious concern today, leading to filing a workplace harassment claim against the harassers.
Understanding Workplace Harassment And The Urgency To Report
According to the statistics shared by the EEOC, Women filed 78.2% of the 27,291 sexual harassment charges received between FY 2018 and FY 2021. Unfortunately, this number has grown over the years as more people experienced harassment in their workplace.
This has created an alarming situation for professionals of all genders who face harassment of any kind. The biggest issue with harassment claims is that most people consider it harassment if it’s sexual. However, such cases can vary based on their nature.
If you’re unaware of the basics about workplace harassment, do not worry. We’ll be educating you about everything relevant to it in this guide.
Definition and Examples of Workplace Harassment
Workplace harassment is any unwelcome behavior—verbal, physical, or visual—that is based on an individual’s race, national origin, gender, sexual orientation, disability, religion, or other protected characteristics. This behavior creates a hostile work environment, impacting employees’ well-being and work performance.
Since workplace harassment can vary from case to case, it’s also necessary to gain some clarity on some examples if you want to understand what constitutes harassment in the workplace.
Digging Deeper: Examples of workplace harassment:
- Verbal threats, such as offensive jokes, derogatory comments, or inappropriate remarks about a person’s appearance, gender identity, or background.
- Physical harassment, including physical assaults, unwanted touching, or inappropriate gestures.
- Sexual harassment, involving unwelcome advances, requests for sexual favors, or sexually explicit messages, emails, or text messages.
- Discriminatory actions, such as excluding an employee from meetings due to their national origin or disability.
These examples might seem straightforward but there’s more to them that one needs to understand before moving forward. Therefore, we’ll discuss the types of workplace harassment that employees need to look out for.
Types of Workplace Harassment
Harassment can take many forms, and understanding these distinctions is crucial for recognizing when workplace harassment laws have been violated.
1. Physical Harassment
Physical harassment involves any form of unwelcome physical contact or intimidation that contributes to a hostile work environment. This form of harassment can take many forms, from overt physical aggression to subtle but intimidating gestures. Common examples include:
- Physical assaults, such as hitting, pushing, or shoving an employee.
- Unwanted touching, including patting, hugging, or brushing against someone without consent.
- Threatening gestures, like raised fists or aggressive postures that make an employee feel unsafe.
- Blocking pathways or preventing movement, creating a sense of confinement or intimidation.
- Throwing objects, whether directed at someone or used as a form of intimidation.
What Employers Should Do:
Employers must take all instances of physical harassment seriously, as they can escalate quickly and create a dangerous work environment.
2. Verbal Harassment
Verbal harassment consists of inappropriate, offensive, or aggressive language used to demean, intimidate, or belittle an employee. Unlike physical harassment, it does not leave visible scars, but its impact on mental well-being can be just as severe. Common examples include:
- Offensive jokes or derogatory comments, particularly those targeting race, sexual orientation, religion, or disability.
- Verbal threats, including implied or direct threats of harm or retaliation.
- Public humiliation, such as belittling an employee in front of colleagues or clients.
- Yelling or aggressive speech, which can create a hostile work environment.
- Spreading rumors or false statements, damaging an employee’s reputation and workplace relationships.
What Employers Should Do:
Employers should have clear workplace harassment policies in place to address verbal harassment effectively and promote a respectful workplace.
3. Sexual Harassment
Sexual harassment is one of the most commonly reported forms of workplace harassment. It includes any unwelcome sexual advances, requests for sexual favors, or inappropriate verbal or physical conduct of a sexual nature. Examples include:
- Unwelcome advances, such as persistent flirting, inappropriate touching, or stalking behavior.
- Requests for sexual favors, often tied to career advancement opportunities or job security.
- Sending inappropriate messages, including sexually suggestive texts, emails, or images.
- Making explicit remarks, commenting on an employee’s appearance, body, or clothing in a sexualized manner.
- Displaying or sharing explicit content, such as pornography or sexually suggestive material in the workplace.
What Employers Should Do:
Sexual harassment creates a toxic work environment and violates federal laws. Companies must enforce anti-discrimination laws and provide employees with clear reporting procedures. However, if you feel the company is not serious about it, victims must reach out to sexual harassment attorneys for legal assistance.
Documenting Workplace Harassment Incidents
If you want to document incidents involving workplace harassment, you need to know your options. One of the biggest reasons why victims do not get justice as they do not understand the process and its vitality.
Therefore, they miss out on important information. It doesn’t necessarily have to be detailed information for a formal complaint but there are requirements that you need to follow. We will break down these requirements more professionally for your understanding. Let’s begin.
1. Keeping a Record of Incidents
When facing workplace harassment, documentation is key to filing a successful harassment claim. Gathering evidence and maintaining confidentiality can strengthen your case.
Moreover, detailed records help establish patterns of inappropriate behavior and provide solid proof when filing a complaint.
- Date and time: Record when each incident occurred.
- Location: Identify where the harassment took place.
- People involved: Document the names and job titles of all individuals present.
- Witness statements: Save copies of statements from colleagues who observed the incident.
- Text messages and emails: If harassment occurred electronically, print or screenshot the messages.
- Save copies: Keep copies of any related communication with HR, including emails or written complaints.
Why This Matters:
Thorough documentation strengthens your harassment claim and ensures that the employer or legal authorities take appropriate action. If you know the incidents thoroughly, you are likelier to defend yourself better in front of the Human Resources Department or any other relevant bodies for sex-related discrimination or harassment.
2. Identifying People Involved
A harassment claim must include information about:
- The harasser: Their name, position, and any previous complaints against them.
- Witnesses: People who saw the harassment occur or can provide evidence.
- HR representative: The person responsible for handling harassment claims in the company.
Why This Matters:
Providing clear details about those involved ensures accountability and helps investigators understand the full scope of the issue.
3. Recording Responses and Actions
- Keep records of how you responded to the harassment.
- If the harasser made verbal threats or physical assaults, note how they reacted when confronted.
- Take photos of inappropriate behavior, offensive jokes written in emails, or any physical evidence of harassment at work.
- Gathering evidence: Maintain a confidential log of all interactions related to the harassment claim.
Why This Matters
Well-documented responses and actions provide a clear timeline of events, helping investigators make informed decisions.
External Reporting Options: Understanding Your Rights and Taking Action
If you have faced workplace harassment and your employer fails to take appropriate action, you have the right to escalate your complaint to external agencies that enforce workplace harassment laws. It’s essential to understand the proper steps to ensure your complaint is taken seriously and to protect yourself from retaliation.
Filing a Complaint with the Equal Employment Opportunity Commission (EEOC)
The Equal Employment Opportunity Commission (EEOC) enforces federal laws against workplace harassment and discrimination. If your employer does not address your concerns, you can file a formal complaint with the EEOC by following these steps:
1. Understand EEOC Laws:
Familiarize yourself with anti-discrimination laws that protect employees from workplace harassment. These laws prohibit discrimination based on race, national origin, religion, sexual orientation, disability, and other protected characteristics.
2. Meet Filing Deadlines:
In most cases, you must file a complaint within 180 days of when the incident occurred. However, certain state laws may extend this period, so it’s crucial to check your local guidelines.
3. Submit a Strong Claim: When you file a complaint, provide:
- Detailed descriptions of the harassment, including specific incidents and dates.
- Witness statements from colleagues who saw or experienced similar behavior.
- Text messages, emails, or other documentation that demonstrate a pattern of unwelcome advances, derogatory comments, or verbal threats.
4. Cooperate with the Investigation:
Once your claim is filed, the EEOC will begin an investigation process by gathering evidence and interviewing involved parties. You may be required to:
- Provide evidence such as documents, emails, or screenshots.
- Attend meetings with investigators to discuss the complaint.
- Respond to inquiries promptly to keep the process moving forward.
Filing a Complaint with a State Agency: How To Do It?
In addition to filing with the EEOC, you may also report workplace harassment to your state’s employment law agency. Since every state has different procedures for reporting incidents, you should:
1. Research Local Employment Law Agencies:
Find the appropriate state agency responsible for handling workplace harassment claims in your area.
2. Understand State-Specific Harassment Laws:
Each state may have additional harassment laws that offer more protections than federal laws. It’s necessary to educate yourself regarding these laws to make the experience better.
3. Follow Reporting Procedures:
Carefully follow your state agency’s reporting procedures to ensure your discrimination claim is processed correctly.
Cooperating with External Investigations
After filing a complaint, you play an important role in ensuring that your harassment claim is properly investigated. To strengthen your case:
- Provide requested documents that support your claim.
- Submit detailed witness statements to corroborate your experience.
- Participate in interviews and meetings as needed.
- Stay informed about the investigation process so you understand your rights and what to expect.
Ensuring a Safe Working Environment
Employers have a legal and ethical responsibility to maintain a respectful workplace. If workplace harassment persists despite your complaint:
- Your employer should take disciplinary action against the offender.
- If your employer fails to act, you have the right to pursue legal action to protect yourself and prevent further harm.
How to Report Workplace Harassment Effectively
It is common for people to feel overwhelmed filing their workplace harassment case despite having such clear details. If you want to ensure your complaint is handled properly, follow these best practices:
1. Follow Company Policies:
Use your company’s official workplace harassment policy to report workplace harassment through the appropriate channels, such as the human resources department or an HR representative.
2. Maintain Confidentiality:
Be cautious when discussing the case to protect your privacy and avoid workplace retaliation.
3. Document Everything:
Keep detailed records, including:
- Dates and times when the harassment occurred.
- Text messages, emails, or written notes about the incidents.
- Conversations with HR or management regarding your complaint.
Understanding Your Rights: Protecting Yourself from Retaliation
Retaliation is illegal under workplace harassment laws, and employees have the right to a fair and respectful workplace without fear of punishment for filing a complaint.
Retaliation can take many forms, including demotions, salary reductions, negative performance reviews, exclusion from meetings, increased scrutiny, or even termination.
If you believe you are experiencing retaliation, taking proactive steps can help safeguard your career and well-being.
1. Save Copies of Communications:
One of the most important steps in protecting yourself from retaliation is to save copies of all communications related to your complaint. Retaining emails, letters, HR reports, and meeting notes that document interactions.
Documenting interactions with your employer can serve as crucial evidence. Screenshots of text messages, chat logs, or other digital communications that indicate unfair treatment or retaliation should also be preserved.
Also, if possible, keeping a personal copy of all relevant documents ensures you maintain access in case your employer restricts access at work.
2. Report Retaliation Immediately:
It is equally important to document all retaliatory actions thoroughly. A written record of sudden job changes, such as unexplained demotions, negative feedback, altered work assignments, or exclusion from important meetings are essential.
They can help establish a pattern of retaliation. Keeping a detailed timeline of incidents, including dates, times, people involved, and any witnesses, strengthens your case.
Similarly, Comparing past performance reviews with recent ones may highlight unjustified negative feedback received after filing a complaint.
3. Report To The Human Resources Department If Needed
Reporting retaliation immediately is essential to addressing the issue before it escalates further. If you notice negative changes in your work environment, such as a hostile work environment, unfair treatment, or continued harassment, this is the way to go.
You should report it to your HR representative or a higher-level manager. Following company policies for reporting retaliation and requesting a formal investigation ensures that the issue is properly addressed.
However, if HR does not take appropriate action, escalating the complaint to a state agency or the Equal Employment Opportunity Commission (EEOC) may be necessary to seek resolution.
Next Steps After Filing a Claim
- If the EEOC or state agency finds evidence of workplace harassment, you may receive a right-to-sue letter.
- Employees can then file a lawsuit against their employer.
- Consulting an employment law attorney can help ensure your legal rights are protected.
Seeking Support and Resources
Filing a workplace harassment claim can be stressful and emotionally draining. However, if you want to ensure your well-being, consider:
- Speaking with a therapist or counselor to manage stress and emotional impact.
- Joining workplace harassment support groups to connect with others facing similar challenges.
- Consulting legal organizations specializing in workplace harassment cases for guidance and representation.
Frequently Asked Questions
Got questions about workplace harassment? Learn more through our comprehensive FAQ section below:
1. What qualifies as workplace harassment?
Workplace harassment includes unwelcome behavior—verbal, physical, or visual—that discriminates based on race, gender, disability, religion, or other protected traits. It can range from offensive jokes to physical threats and sexual advances.
2. What are the most common types of workplace harassment?
The most common types include physical harassment (assault, unwanted touching), verbal harassment (threats, offensive remarks), and sexual harassment (unwelcome advances, suggestive messages).
3. How can I document workplace harassment effectively?
Keep a record of incidents, including dates, times, locations, involved parties, witness accounts, emails, and text messages. This documentation strengthens your claim.
4. What should I do immediately after experiencing workplace harassment?
Stay calm, document the incident, gather any evidence, and, if safe, ask the harasser to stop. Report it to your supervisor, HR, or legal authorities if needed.
5. How do I report workplace harassment internally?
Follow your company’s reporting procedures, typically involving HR or a designated manager. Submit a detailed written complaint with supporting evidence.
6. What if my employer ignores my complaint?
If your employer fails to act, you can escalate the matter by filing a complaint with the Equal Employment Opportunity Commission (EEOC) or a state employment agency.
7. How long do I have to file a harassment claim?
EEOC complaints usually must be filed within 180 days of the incident. However, state laws may extend the deadline, so check local regulations.
8. Can I file a lawsuit for workplace harassment?
Yes. If the EEOC or state agency issues a right-to-sue letter after their investigation, you can pursue legal action with the help of an employment attorney.
9. What protections do employees have against retaliation?
Federal and state laws prohibit employers from retaliating against employees for reporting harassment. Retaliation includes termination, demotion, or other negative actions.
10. How can employers prevent workplace harassment?
Employers should establish clear policies, provide anti-harassment training, enforce disciplinary actions, and create a safe environment for reporting incidents.
Final Thoughts
No one should have to face harassment at work. If you have experienced harassment, knowing your rights and understanding how to report harassment properly can empower you to take action.
Once victims start following the appropriate reporting procedures, gathering evidence, and seeking the right support, the process becomes easier. Additionally, you can help ensure a safe and respectful workplace for yourself and others.
Following this workplace guide to filing a workplace harassment claim, employees can take proactive steps to report harassment, protect themselves from retaliation, and pursue justice under federal laws.
Remember, always seek legal counsel if you need assistance with filing a complaint or taking further legal action against workplace discrimination. But who do you contact for cases like these?
Fight Workplace Harassment Claims With BLG
It’s understandable if you feel overwhelmed about the legal process involved with filing a workplace harassment claim. However, our professionals at Bourassa Law Group are here to help you with the process, ensuring you have all the help you need.
Our Employment Lawyers have years of experience with workplace harassment cases and know how crucial they are for victims. So, all you need to do is get in touch with us and we will help you get the best settlement.
We offer sufficient experience with workplace harassment verdicts and settlements, and we’ll help you too.
1-800-870-8910