What Is Workplace Sexual Harassment?

Sexual harassment can occur in a number of ways. There is no particular way the harassment must occur to allow the employee to report it. Sexual harassment is simply unwanted sexual advances of a verbal or physical nature. Sexual harassment is particularly harmful if it affects the employment of the victim.

Examples of Sexual Harassment in the Workplace

The EEOC defines sexual harassment in its laws as recurrent or particularly severe unwanted sexual advances that create a hostile work environment or negatively affect the employment of the victim. Sexual harassment can occur amongst any genders and sexual orientations; it is equally damaging.

Examples of illegal workplace sexual harassment:

• Gender discrimination
• Requests for sexual favors
• Sexual comments
• Inappropriate jokes
• Sexual innuendos
• Pressure for dates or sex
• Whistling or cat calls
• Unwanted touching or grabbing
• Unwelcome communication of a sexual nature
• Obscene sexual gestures or expressions
• Unwanted sexual teasing
• Sexual assault
• Unwelcome sexual advances
• Attempted rape

As you can see from the above list, non-verbal, verbal, and physical conduct can count as sexual harassment. Even looks and gestures that create a hostile work environment count as sexual harassment. If you are in doubt about repeated behaviour, discuss it with your HR department and give them the opportunity to support you. If HR does not resolve the problem, then book a free consultation with an employment lawyer.

Filing a Sexual Harassment Claim

Your first step to dealing with sexual harassment is always to file a complaint with HR. If they do not resolve the issue, then you need to file a claim with the EEOC. You must file a complaint with the EEOC within 180 days of the occurrence of sexual harassment. So it is important to file sooner rather than later. If the sexual harassment is ongoing, then the 180-day deadline is from the most recent occurrence.

The EEOC will send an investigator to the workplace to look into the claim. They may check HR files and interview any people who may have witnessed any of the sexual harassment. If the EEOC finds that your complaint is valid, they will attempt to resolve the case through mediation. Mediation is run by a neutral third party who facilitates an open discussion between the employee and employer to find an acceptable resolution. If the mediation is unsuccessful, an investigator will look into the case further. If they find laws that are broken, they may try the case on your behalf; if not, they may issue a right to sue letter. You should retain a California employment attorney so you can seek legal advice throughout the process. They will be able to give you information about the EEOC investigation and how to best present your case.

Nakase Wade Employment Attorneys

The employment attorneys at Nakase Wade have decades of experience in employment law and have helped a number of victims of sexual harassment find justice. We have a deep understanding of sexual harassment and anti-discrimination laws at the local, state, and federal level. Contact us today to book a free consultation so we can advise you on how to best handle your situation. Our attorneys understand the need for sensitivity and confidentiality in sexual harassment cases and will be sympathetic to your story.