How to Report Sexual Harassment and Assault in Workplace

According to University of Massachusetts researchers in 2018 about 5 million employees experience sexual harassment by managers, coworkers, or customers and clients each year. A review of the team’s analysis of data from federal agencies, such as the Equal Employment Opportunity Commission (“EEOC”) and other reliable sources, about 99.8% of the incidents go unreported.

Women and men remain silent about sexual harassment and sexual assaults in the workplace for any number of reasons. Often victims fear retaliation. In many cases, this fear is founded, workers often believe that speaking up will expose them to additional harassment, bullying, demotion, or being fired.

Retaliation is as much of a violation of an employee’s rights in the workplace in Ohio as sexual harassment and happens with alarming frequency. During the 2019 federal fiscal year, nearly 54% of the cases handled by the EEOC involved claims of retaliation.

Additionally, employees who suffer harassment or fall victim to an assault may not know who to tell in order to have the responsible person held accountable. This uncertainty is particularly common when the person that has committed the assault or harassment is a supervisor or manager. Victims may believe that filing a report will not do any good, that they will not be believed, or worse yet, that the harasser will be protected instead of the victim reporting the conduct.

As attorneys dedicated to enforcing Federal and Ohio laws against workplace harassment, we work with clients to ensure they know how to proceed with their claims, how to fight for results, and how to protect themselves from retaliation.

Recognize When Sexual Harassment Becomes Illegal

Sexual assault is a crime. While it may be difficult to do so, reporting such an incident directly to the police is crucial and should be done immediately. While an assault does provide grounds for a lawsuit, based on the violation of your rights as an employee, filing such a lawsuit should not be a foremost concern. Employees must first protect themselves by filing reports of any sexual assault as soon as possible. Your workplace harassment attorney can help you through the filing process and be by your side during this difficult and emotional process.

Sexual harassment in the workplace is a different matter. Harassment of this sort falls into the two basic categories:  quid pro quo and hostile work environment. The categories are not mutually exclusive, and in both cases, the sexual attention must be unwelcome, frequent, and severe enough to make doing one’s job difficult.

Quid pro quo sexual harassment happens when an employee feels pressured to date and/or have sex with a manager or supervisor in order to keep their job, qualify for raises and bonuses, or earn a promotion.

A hostile work environment develops when an employee is regularly subjected to insults, threats, propositions, displays of pornography, or comments on their appearance, gender and/or sexuality.

In their study, the Massachusetts University researchers identified male and female victims of both types of sexual harassment in every workplace setting, in both the private and public sectors, and in every sector from government and health care to construction and transportation.

Document and Report Sexual Harassment with Help From an Employee Rights Attorney

The first person to tell that sexual attention, comments, or displays are unwelcoming is: the harasser. Succeeding with a sexual harassment claim requires proving that the behavior was not invited or appreciated. Stating clearly to the harasser that you want them to stop can yield immediate results or help you down the road.

If you cannot convince the harasser to change their behavior, you need to speak with a human resource (“HR”) representative or a trusted supervisor. The EEOC and other federal agencies that handle harassment complaints will generally only take cases from employees who have already exhausted their option for resolving the problem by going through their employer’s reporting and investigation process.

Speaking with a caring and experienced sexual harassment attorney before going to HR or a boss can help. The lawyer will be able to offer an opinion on whether what you are experiencing meets the legal definition of sexual harassment and can also offer advice on how to collect and organize evidence to support your claim. Additionally, enlisting the assistance of lawyer before filing an official report gives you a legal ally if you start experiencing retaliation.

If harassment persists after you make an official report, it is time to go to the EEOC or another agency. Federal case workers will do their own investigation and either ask the employer and employee try again to resolve the issue, authorize the employee to pursue a sexual harassment lawsuit, or sue on behalf of the employee. Partnering with an employee rights attorney while dealing with an agency will ensure that all paperwork is completed correctly and submitted before deadlines expire.

You can connect with one of our lawyers online or call The Friedmann Firm. LLC at 614.610.9755 to schedule a free consultation. We are available to help with all employment law cases, and we will keep our discussions confidential.