Wednesday, January 1, 2020

How to Complain About Sexual Harassment at Work

How to Complain About Sexual Harassment at WorkHow to Complain About Sexual Harassment at WorkSexual harassment in the workplace is illegal, and you should report such a problem officially by filing a formal complaint with your employer. Many companies have procedures in place to accommodate this, and youll likely find it outlined in your employee handbook if your company has issued one. The best route is to report the problem to your babo or the human resource department if you dont have a handbook with prescribed guidelines or if the handbook does not provide guidance, Of course, you would report directly to human resources or to your bosss boss if its your boss whos harassing you. But how do you go about it? Put It in Writing Many people prefer to handle this sort of thing face to face so they can absprache with follow-up questions immediately. And sometimes its easier to explain things verbally rather than in writing. But theres also a problem with this approach. Articulating such things in part can be nerve-wracking, and theres always a chance that you could be misunderstood. You might mean to say that Bob is sexually harassing you, but it might come across as though Bob is telling stupid offensive jokes. Its easy for your boss or for HR to downplay or dismiss in this case. Bob might be a jokester, but thats no big deal. You can avoid this problem by filing a complaint in writing. You can follow up in person later if you prefer face-to-face contact. Making a formal, written complaint is easiest and most effective if youve kept detailed, written records of Bobs behavior and each incident that occurred. Your notes should include the names of potential witnesses and the date and time of each occurrence. Dont keep these notes at work. Keep them safe at home. Heres a sample emaille you can use to help you along. Sample Official Email Complaint- the Subject Line This is actually the most critical part of your complaint. The subject line should read Offic ial Complaint of Sexual Harassment. This makes it impossible for anyone to say, I didnt realize she was experiencing sexual harassment. They cannot legally ignore your complaint when you begin with these words. The Addressee(s) Youll also want to send it to both your boss- well call her Jane in this example- and to your HR manager if you have one. Well call her Stacy. Youre keeping everyone in the loop this way. There might be times when youd want to send your email only to HR or only to your boss, but youre better off sending it to both at once unless you have strong reasons to keep one or the other out of the situation. The Body of the Email Dear Jane and Stacy, I am writing to notify you that Bob has been sexually harassing me. The following incidents have occurred Approximately one month ago, Bob followed me to my car and asked me on a date. I said I wasnt interested and left. Bob asked me out again on June 1, 2018. I again told him no and that I prefer to keep my work a nd personal life separate. I told Steve and Karen the next day that Bob had asked me out.Bob sent me an email expressing his interest in dating me on June 3, 2018, telling me I was hot. The email is attached. I responded and my response is also attached. I told him not to contact me again for non-business reasons. Bob sent me a text message that included a photo of his genitalia on June 9, 2018. I deleted this email. I asked Jane to reassign me to a different project on June 9, 2018, because Bob was bothering me. She declined to reassign me, but I did not tell her about the email and the picture.Bob followed me out to my car and berated me for not dating him on June 10, 2018. I believe Richard Thompson from accounting was also in the parking lot at the time, but I dont know if he overheard anything.Bob made a derogatory remark about me in a staff meeting on June 11, 2018. Steve, Karen, Jane, Chelsea, and Justin were present. Jane told Bob to knock it off. Bob sent me an email on Jun e 15, 2018, telling me that if I didnt go out with him, hed tell Jane that I had plagiarized the marketing slides Id created for the regional meeting. This email is also attached. This email mentions every incident, even the one for which the victim doesnt have an exact date. The first incident is not actually sexual harassment- asking a coworker out doesnt fall under this umbrella. But it does show how Bobs behavior began and how it quickly escalated into something inappropriate. Also, note that the victim gives the names of possible witnesses. This can help when Jane or Stacy begin an investigation. Wrapping It Up Now wrap it up in a pleasant, professional manner. Say something like Thank you for looking into this matter for me. Im happy to give you any additional information as needed. I would very much like Bob to leave me alone so I can do my work. Sincerely, Holly Jones Thats it. You dont have to use fancy legal wording. Your boss and your HR department know that sexual ha rassment is illegal and they should take it from here. But you can expect that they wont simply accept your side of the story as the gospel truth and take action. Its their obligation to approach this complaint from a neutral standpoint, and that means handling the situation in a way thats ritterlich to both you and Bob. What to Expect Next Your boss and your HR department should conduct an investigation. This can involve multiple steps, such as interviewing Bob and other employees as well, both those youve named as possible witnesses and others who might have been aware of Bobs behavior, although you dont have knowledge of this. Its possible that Bob has zeroed in on other victims. The investigation will most likely include a review of both your personnel file as well as Bobs to determine if similar situations have occurred between you or with anyone else in the past. Finally, the company should take some action to address the problem. In some situations, such as a complaint ab out Bob looking at pornography in his open cubicle, your employer wouldnt have to tell Bob who complained.But in this case, he stands accused of harassing a coworker directly, so hell know who made the complaint. The law prohibits retaliation for making a sexual harassment complaint, so your boss and the HR department shouldnt punish you in any way for taking this step. Seeking Legal Assistance You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or hire your own employment lawyer to help with your case if your company doesnt take care of the issue. You have a limited period of time within which to do this, however- usually 180 days from the date of the last act of harassment. You cant sue your employer unless youve first made a complaint to the EEOC. You might expect your employer to seek legal assistance as well because the company can be held liable for sexual harassment in the workplace when it has not taken adequate steps to deal with the situati on. - - - - - - - - - - - - Suzanne Lucas is a freelance journalist specializing in Human Resources. Suzannes work has been featured on notes publications including Forbes, CBS, Business Insider and Yahoo.