Online Sexual Harassment

Imagine going to work each day, wondering if you are going to receive an unwanted email from a customer.  He emails you every day.  He is one of your company’s biggest customers.  At first, the emails only deal with business.  Then, one day, he asks you out on a date.  You email him back and tell him “no.”  He continues to email you every day.  Somehow, he even manages to obtain your personal email address and begins sending emails to that account as well.  You immediately block his email from your personal account and soon his emails to your work address take on a threatening tone, pressuring you to go out with him.  He begins making derogatory remarks about your looks and personality.  Finally, this morning, he tells you that, if you do not go out with him, he will take his business elsewhere. 
 
When he first asked you out, you immediately told your manager, who told you to let it go and not worry about it.  When the emails continued, you followed up with your manager again.  This time he told you to ignore the emails, and reminded you how important this customer is to the company.  Now you are concerned that, if you go to your manager again or consult Human Resources, you might lose your job or “rock the boat”, causing everyone to hate you.  You don't know what to do.
 
What you just experienced could be considered sexual harassment, and sexual harassment using emails or social networking site is a growing problem.  When the harassment affects your ability to do your job, you need to put a stop to it.
 
Online sexual harassment in the workplace can take on many forms. It can include a supervisor, co-worker, or someone who is not an employee, such as a customer or vendor.  The term “online” also has many meanings.  The following are some of the ways online sexual harassment can take place:
 

1. Emails and/or Instant Messaging – threatening messages, including sexual coercion and unwanted sexual attention, sending several emails to overwhelm the victim, sending viruses via email, encouraging other people to send the same types of emails to the victim
2. Public Forums/Chat Rooms – threatening the victim on a public forum, making comments about the victim
3. Verbal and/or Graphic Forms – subjecting the victim to verbal or graphic forms of sexual harassment

 
According to the Pew Research Center, 40% of Internet users have experienced some form of online harassment, with 19% of users reporting they have experienced online sexual harassment.  While online communication is rapidly changing, remember that your employer has a responsibility to protect you from most forms of workplace harassment, including online sexual harassment.
 
If you are a victim of online sexual harassment in the workplace, you can file with the Equal Employment Opportunity Commission (EEOC) and/or the Washington State Human Rights Commission (WSHRC).  Before you file a complaint, go through the following:
1.     Talk to your employer.  Try to find a resolution to your situation.
2.   Then, if the situation is not resolved to your satisfaction, go through an internal complaint process with your employer.
3.     If the internal complaint process is not resolved, file a complaint with the EEOC and/or WSHRC.  Both have strict timelines and deadlines for filing a charge or complaint of discrimination. 
 
Follow the steps below to file a complaint with the WSHRC.
 

1. Contact WSHRC at (360) 753-6770.  A complaint is filed by completing an intake call, or in-person interview, followed by completing a questionnaire.  WSHRC will then assign the complaint to an investigator.
2. Once the employer receives notice of the complaint, they have 15 days to send a written response to the charge.
3. WSHRC will conduct their investigation, which can include: review of documentation and records, and interviewing witnesses.
4. Once the investigation is complete, WSHRC will make a recommendation to the commissioners.  If they find that no discrimination took place, they will notify both parties.  If they find that illegal discrimination has occurred (reasonable cause), they will first try to reach a voluntary agreement with the parties to resolve the issues.
5. If the parties cannot come to a voluntary agreement, they will consider taking the complaint to a formal hearing before an Administrative Law Judge, who can impose substantial penalties.  Keep detailed notes about each incident.  Print out all emails or posts and keep a folder of all of your paperwork. 

 
Below are the steps to file a complaint with the EEOC.
 

1. EEOC: https://www.eeoc.gov/employees/howtofile.cfm
2. After a charge is filed, the following process takes place with the EEOC: https://www.eeoc.gov/employees/process.cfm
3. If the EEOC determines that a law may have been violated, they will try to reach a voluntary settlement with your employer.  If a settlement is not reached, your case will be referred to the EEOC legal staff, who will decide if the EEOC should file a lawsuit.  If the EEOC is unable to determine that a law was violated, or are unable to reach a settlement with your employer, they will provide you with a Notice-of-Right-to-Sue.  This gives you the right to file a lawsuit in a court of law within 90 days.  You may choose to have an Attorney represent you through this process, or you may want to contact one after the process is over, if you receive a Notice-of-Right-to-Sue.
4. The Attorney will ask you to provide as much information as possible to help with the case.  Plan to bring all of your notes, along with all paperwork that has been produced in your case so far.  Your Attorney will go through the steps that will be taken in your case and keep you up-to-date with what is going on in your case.