WHAT IS SEXUAL HARASSMENT, AND WHAT DO I DO IF I EXPERIENCE IT?

Twenty-five years ago, Anita Hill testified before the Senate Judiciary Committee during Clarence Thomas’ Supreme Court Nomination Confirmation hearings.  She put her career on the line and testified about her experience of being sexually harassed in the workplace by Thomas.  While Thomas still ended up on the Supreme Court (by the smallest margin in Court history), her testimony changed the way that the United States and employers viewed sexual harassment in the workplace.  She also empowered more people to come forward with their experiences. 
 
The number of sexual harassment claims skyrocketed for several years following her testimony.  A year after her testimony, the number of charges filed with the Equal Employment Opportunity Commission (EEOC) jumped 50%.  From 1992 to 1995, the number of charges files with the EEOC increased from 10,532 to 15,342.  Employers began to take sexual harassment claims seriously.  One month after Hill’s testimony, Congress passed the Civil Rights Act of 1991, allowing victims of sexual harassment the right to pursue damages.  Unfortunately, Sexual harassment has not disappeared since this important moment United States history, and people are still afraid to report it to their employers.

Sexual harassment defined

It is unlawful to harass an applicant or employee because of that person’s sex.  Such harassment includes unwelcome sexual advances, requests for sexual favors, intimidating and/or inappropriate sexual conduct, bullying or coercion of a sexual nature, and promise of rewards in exchange for sexual favors.

The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or a non-employee, such as a client or customer of the employer. Anyone can be a victim or perpetrator of workplace sexual harassment. You do not need to be in a position subordinate to your harasser for it to be valid sexual harassment. However, perpetrators are often those who seek to exploit their authority over others for their own sexual benefit. In these situations, because of their "dependent" status, victims often unwittingly submit to humiliating conduct despite being offended by it. 
 
According to the EEOC, there are two types of sexual harassment:

1. Quid Pro Quo – involving expressed or implied demands for sexual favors in exchange for some benefit or to avoid some detriment in the workplace.  An example of quid pro quo harassment would be if a person in authority told an employee who reports to him that she will be promoted if she has sex with him.
2. Hostile Work Environment – arises when speech or conduct is so severe and/or pervasive that it creates an environment or situation that negatively interferes with a person’s job performance. Read our in-depth explanation of 'hostile work environment' harassment here.

 
What do I do if I feel that I'm being sexually harassed?

Many people who are sexually harassed in the workplace do not believe they can report it to their employer.  They may fear retaliation or termination, they may not be sure at all that they're experiencing sexual harassment, or they may assume they won't be taken seriously anyways. According to a 2011 ABC News/Washington Post poll, approximately 41% of women who say they have been sexually harassed in the workplace have reported it.  While this number is higher than it was when Anita Hill first came forward, challenges remain. Those who do not come forward often end up having to live with daily sexual harassment in the workplace.

Here are the steps you can take if you believe you are being sexually harassed at work:

1.  Ask yourself the following questions: Was it an isolated incident which contained a comment, sexual joke, or compliment; or have these incidents continued over time?  Was it severe enough that it interfered (or interferes) with your ability to work?
2. If you are comfortable doing so, approach the person who harassed you and tell them to stop the behavior.  If you are uncomfortable approaching the person, talk to your Human Resources Department and consult your company's Code of Conduct.  Begin to keep detailed notes on the date of the incident, what occurred, and conversations that took place.  See if anyone has witnessed the offensive behavior or if other women have had the same experience.  Many who engage in offensive sexual conduct at work do so frequently, so it is possible that you are not the only person who is being harassed.
3. If the Human Resources Department does not handle your case to your satisfaction, contact the EEOC to resolve the issues.  Be aware that there are time limits in filing a charge of discrimination.  Continue keeping notes, including printouts of all communication between you and the harasser throughout this process. Here is what will happen after you file a charge with the EEOC.
4. If the EEOC determines that the harassment constitutes a violation of the law, it 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 on your behalf. 
5. 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, at which point you may decide to have an Attorney represent you.
   

If your sexual harassment suit is successful, your remedies may include: reinstatement (if you were terminated during the ordeal), back pay (if you lost money or missed out on a raise), fringe benefits lost, damages for emotional distress, your attorney's fees and court costs, and a requirement that your employer initiate policies or training to stop sexual harassment in the workplace.