When you go to work, you don’t expect to have to deal with sexual harassment; you typically assume you show up, do your job, and go home at the end of the day. Yet many employees must endure some sort of sexual harassment in the workplace and this has serious ramifications on their job performance, relationships with family, and overall mental well-being.
It is important to understand what sexual harassment is and how widespread it is in the United States. Unfortunately, sexual violence and harassment still continue at alarming levels; this can be demonstrated by the fact that one out of four women and nearly one out of 26 men have experienced one completed or attempted rape, while about three out of 10 women and one out of nine males have faced situations of sexual harassment in public places.
If you believe you’ve been subjected to sexual harassment at your place of employment, it’s critical to know that this behavior should never be tolerated, and help is available.
What Is Sexual Harassment?
Sexual harassment in the workplace encompasses a variety of hostile actions, including unwelcome sexual advances, requests for sexual favors, and other physical, visual, or verbal, conduct of a sexual nature. The act becomes illegal if employment is conditioned on acceptance of the actions (quid pro quo) or if the conduct creates a work environment that is intimidating, hostile, or offensive (hostile work environment).
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
(1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,
(2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
(3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Two important points regarding California law:
- Sexual harassment isn’t confined to actions driven by sexual desire.
- It covers misconduct founded on actual or perceived sex, gender identity, actual or perceived sexual orientation, as well as pregnancy, childbirth, or related medical conditions.
Under California law, the offensive conduct need not be motivated by sexual desire but may be based upon an employee’s actual or perceived sex or gender identity, actual or perceived sexual orientation, or pregnancy, childbirth, or related medical conditions.
Understanding what constitutes sexual harassment is essential for keeping the workplace safe for all parties. If you experience such conduct in the workplace, don’t forget that there are many options available to help you.
Workplace Sexual Harassment Statistics
Workplace sexual harassment statistics reveal a troubling trend that highlights its pervasiveness in work environments. From federal authorities to industry surveys, various sources concur on one thing — sexual harassment remains an ongoing problem at work:
- Number of charges: Between fiscal years 2018 and 2021, the Equal Employment Opportunity Commission (EEOC) received over 27,000 complaints of discrimination related to sexual harassment.
- Gender disparity: Women represented 78% of workplace sexual harassment charges filed, showing an obvious imbalance regarding who most suffers from these problems.
- Consequences for harassers: In many instances, harassers face little to no repercussions for their actions. According to one legal industry study, perpetrators experienced no repercussions at all approximately 50% of the time. It doesn’t take much to see how this cycle of abuse and the feeling of injustice and helplessness can embolden harassers and discourage victims from reporting.
- Profile of harassers: The astounding fact that 91% of the participants reported that their harasser was male further underscored an extensive gender issue. It also raises questions about power dynamics in the workplace.
- Impact on the harassed Many harassed individuals suffer psychological, emotional, and career damages that are devastating. The trauma from sexual violence may impact a survivor’s employment in terms of time off from work, diminished performance, job loss, or inability to work. Survivors may have difficulty maintaining personal relationships, returning to work or school, and regaining a sense of normalcy.
- Those in positions of authority are not immune to sexual harassment: In the legal field, statistics uncover a sobering fact that positions of authority do not exclude individuals from being targets of workplace sexual harassment. Within the last five years, 16% of the respondents at whom harassment was directed were partners or supervising attorneys, while 4% were judges. This underscores that seniority does not necessarily insulate one from such unprofessional and unlawful conduct.
Why Sexual Harassment Often Goes Unreported
The reasons for underreporting in the legal field (and likely other fields) are as multifaceted as they are concerning.
- Ignorance of reporting procedures: An alarming 8% of those harassed admitted they did not know who to report the incidents to. This shows that organizations need to better define what mechanisms are available to report harassment and educate employees about them.
- Inability to report due to identity of harasser: Additionally, another 8% were unable to report their harasser simply because the harasser was the person they were supposed to report it to.
- Safety concerns: Fear was a profound silencing factor as well, as 3% were afraid of their personal safety.
- Job security fears: Economic anxiety is another considerable obstacle. A quarter of people affected by the problem said they couldn’t afford to lose or didn’t want to lose their jobs, regardless of harassment. This reflects a dire choice between personal well-being and economic survival.
- Distrust in outcome: Additionally, there was little confidence from the victims that they would be believed if they reported the harassment. This is evidenced by the fact that 22% of victims thought their employers would not believe them or would not take their claims seriously.
Understanding the profound personal and systemic barriers to reporting, from fears of retaliation to doubts about being believed, underscores the need for strong support and an environment that encourages victims of sexual harassment to come forward.
FAQ
Is retaliation allowed against someone who reports sexual harassment?
A: Absolutely not. Both federal and state laws provide specific protections to individuals from retaliation when they report incidents of sexual harassment or participate in investigations addressing such concerns. These provisions are designed to encourage reporting of wrongful behaviors without fear of professional or personal repercussions.
What should I do if I experience sexual harassment at work?
A: If you’re facing sexual harassment at work, it’s important to understand what steps to take to ensure the situation is taken seriously. The first thing you should do is determine who the harassment should be reported to. This might be human resources, a supervisor, or both. Find out if you’re supposed to make a written report or what steps you need to take to correctly report this behavior.
Also, document all incidents of harassment in any way you can. For example, write down what happens each time, keep hard copies of emails or text messages that demonstrate the harassment, and reach out to bystanders to find out if they will corroborate your allegations.
If you are struggling to follow the proper procedures or your employer is not responding to your allegations, you should contact an employment law professional immediately.
Contact Gomez Trial Lawyers For Help
The experienced legal professionals at Gomez Trial Lawyers are ready to help navigate the challenging process of filing claims and making your voice heard if you have faced sexual harassment in the workplace.
Contact Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us through our online form.