Reporting Sexual Harassment at Workplace

Sexual harassment is defined as any unwanted sexual advance or conduct on the job that produces an intimidating, hostile, or offensive working environment. In practice, professional sexual harassment can range from repeated offensive or demeaning remarks to an environment full with inappropriate pornography (forming a hostile work environment) to blatant sexual assault. Although sexual harassment is most typically perpetrated by men against women, it can occur against both men and women, gay and straight people; in other words, sexual harassment is an equal opportunity offense.

Fortunately, state and federal laws protect employees from sexual harassment on the job – the same laws that protect employees from gender discrimination. Harassment is prohibited under Title VII of the Civil Rights Act at the federal level. Furthermore, most states have their own laws prohibiting sexual harassment in the workplace, many of which are stricter than the federal law.

Claim Documentation If You Are Facing Any Sort of Harassment

If you ever have to prove your case to a business investigator, a government agency, or a jury, it is critical that you document what is happening to you and what you are doing to try to stop it.

Begin by gathering as much detailed evidence of the harassment as possible. Keep any insulting letters, photographs, cards, or notes that you receive. If you were made to feel uncomfortable at work due of jokes, pin-ups, or cartoons, confiscate them or make copies. An anonymous, unpleasant photo or joke placed on a bulletin board is not the personal property of anybody else, thus you are free to remove it and save it as proof. If that isn't possible, take pictures of the office walls. Take note of the dates the objectionable information was posted – and whether there were unpleasant reactions when you removed it or requested that someone else do so.

Keep a detailed log of harassment situations as well. Include everyone's names, what happened, and where and when it happened. Provide as much detail as possible regarding what was said and done, as well as how it impacted you, your health, or your job performance. Keep your journal and notes at home or in a secure location away from work.

Make copies of your performance assessments and other critical personnel records. If your company retaliates against you for complaining, which is also illegal, your records can be especially persuasive. For example, if you've received excellent performance reviews until you complain, and then your employer wants to transfer, demote, or dismiss you, or claims your job performance is unsatisfactory, you'll want a copy of your records.

Before Filing a Federal Lawsuit, You Must First File a Complaint with the EEOC

Even if you intend to launch a lawsuit from the start, you may be required to first make a claim with a government body. For example, an employee pursuing a claim under federal law must first file a claim with the Equal Employment Opportunity Commission (EEOC), and state laws require a similar complaint procedure. The EEOC or a state agency may choose to prosecute your case on your behalf, although this is uncommon. More usually, the agency will send you a document known as a "right-to-sue" letter at some time, allowing you to take your case to court with your own lawyer.

However, keep in mind that there are time constraints for filing claims with government and initiating a lawsuit, so make sure you don't miss them. For that purpose, you must consult with an expert Sexual Harassment Lawyers located in Southern California. 

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