VinciWorks continuously receives questions on the topic of sexual harassment. We
have separated our answers to the questions into three categories: general
questions about sexual harassment, questions about behavior at work and
questions frequently asked by supervisors. The full list of questions and answers is
included in VinciWorks’ sexual harassment training, MyStory: Harassment and Bullying at
Work. Here are just some of the questions we have answered on the topic. You can access all the FAQs from the sexual harassment prevention resource page.
Should I avoid giving compliments?
Giving someone a genuine compliment about the way they look or dress is not the
same as sexual harassment. It can become sexual harassment however if
accompanied by inappropriate behavior, such as leering, catcalls, sexual innuendo,
or comments given to only one person repeatedly. Comments that infantilize or
sexualize a person are always inappropriate, these could include:
“Hey baby / doll / sexy / beautiful…”
“Why can’t everyone look as beautiful as you?”
What if the harassment is not sexual, but directed at me because of mygender?
Non-sexual conduct is still considered unlawful if it qualifies as being severe,
pervasive and singles you out because of your gender. For example, a supervisor
stating that he doesn’t think a woman should be doing your job and deliberately
insults and ridicules you because of your gender is harassment. Insulting someone
because they do not conform to stereotypes about how someone of a particular
gender should behave is also harassment. For example, degrading a man because
he is a kindergarten teacher or a nurse.
What behavior counts as prohibited retaliation?
Reprisals or retaliation against someone who has filed a sexual harassment
complaint are illegal. Examples of prohibited retaliation include:
- Ignoring the person who has filed the complaint
- Giving a negative review or evaluation
- Spreading gossip or rumors
- Sabotaging the person’s work
Someone who has experienced retaliation can file a separate complaint, unrelated
to the veracity of the original complaint.
What about things that are just ‘good fun’?
Conduct that is sexual harassment is never ‘good fun’ for the person experiencing
harassment. Sexual harassment is done to intimidate, hurt, and belittle others. It is
conduct that is antithetical to a person’s rights and their basic humanity. All people
have a right to be treated professionally and with respect, decency and humanity.
What should I do if I am being sexually harassed?
Understand you are not alone. Sexual harassment can be a very isolating
experience, that is what the attacker wants. Remember that you do not have to put
up with behavior directed at you that is unwelcome. Federal and state law protects
you.
If possible, tell the harasser that you find the conduct offensive and ask them to
stop. Give examples of what behaviors you find unacceptable and ask them to stop.
You can also ask someone you trust to witness the conversation or do it in the open
so other people can hear.
Do everything you can to document the behavior. Write down times, dates,
witnesses and details. As difficult as it might be, retain copies of any harassing
messages you have received. Do not wait to make a report. Use the reporting portal
that your employer has provided. If you do not trust the normal chain of command,
speak to an HR representative or other colleague you trust.
If you do not want to report the conduct to your employer, you can file a complaint
directly with the Equal Employment Opportunity Commission within 180 days of the
harassment taking place. Your state may have extended reporting times.
Someone has come to me with a complaint of sexual harassment. What should I do?
First of all, ensure the employee is not in any immediate danger. For serious
situations, you should consider reporting the matter to the police. Do not promise
complete confidentiality, but explain that their privacy will be respected. Explain the
options available, such as formal investigation, informal handling of the complaint or
mediation. Inform the employee of any resources such as counseling that may be
available. Ensure the employee knows that retaliation against them will not be
tolerated. Check in with the employee regularly during and after the conclusion of
the complaint to ensure they are being treated fairly and have not been retaliated
against.
More workplace sexual harassment questions and answers
What is sexual harassment in the workplace?
Sexual harassment is any form of unwelcome sexual behaviour. In a work setting, the harassment could be perpetrated by a variety of individuals, including your manager, a colleague, a customer, or anyone else. Sexual harassment can take many forms, including written, verbal, and physical harassment, and it can happen in person or online. Sexual harassment affects both men and women, and a harasser could be a man or woman.
What is not considered sexual harassment in the workplace
For a behaviour to be considered sexual harassment, it has to include sexual comments or conduct or be based on your sex. It is ok to give someone a genuine compliment about the way they look or dress, and this is not the same as sexual harassment. But it can become sexual harassment if the compliment is accompanied by inappropriate behaviour, such as leering, catcalls, sexual innuendo or comments given to only one person repeatedly. There are also certain behaviours that while unpleasant, would not be considered sexual harassment, such as yelling. However this doesn’t mean the unpleasant behaviour should be tolerated; this type of behaviour should be raised through the company’s normal procedures for such things.
How does sexual harassment affect the workplace
Harassment can create a hostile environment that feels unsafe and unpleasant for everyone in the workplace, even those not directly affected by the harassment. A hostile work environment can arise after just one incident. This is especially true if the indent was severe, such as an assault.
How to identify sexual harassment in the workplace
Sexual harassment is any form of unwelcome sexual behaviour. Sometimes sexual harassment is obvious, but sometimes identifying it can be more tricky, for example when dealing with flirtation. Different countries and jurisdictions have different exact definitions of what exactly constitutes sexual harassment. You can research and find out what is included in sexual harassment law in your area. In any case, it’s important to keep a record and document all offensive conduct and then analyse it based on the factors that a court would look at. An employment lawyer can help you analyse the facts.
How to handle sexual harassment at the workplace
Carefully read your employer’s policy on harassment and how to report an incident. It can be daunting for a person to navigate it all on their own and having the support of someone else, particularly a witness, can make a significant difference. Take a note of all conversations, save written communications and any evidence you have collected such as names, dates and times of specific incidents. Remember you are also protected from retaliation by testifying, assisting or participating in any investigation of harassment.
How to prevent sexual harassment in the workplace
Awareness is key. Employees and management alike should understand what constitutes sexual harassment. Organisations should make it clear that sexual harassment prevention is a company priority and that punishment for harassment applies equally to everyone, regardless of their position. Good training should focus not just on what not to do, but on the positive, i.e., how to create and nurture the type of positive environment you want to see in the workplace. All employees should be involved in preventing sexual harassment: all employees should be trained to serve as good bystanders in order to help cultivate a positive and respectful environment. Encourage employees to report harassment and make it clear that they won’t be penalised for reporting. If any issues arise, take swift and decisive action.
What should I do if I have witnessed an incident of sexual harassment?
As a bystander or witness, it is very important to follow the lead of the person who has been harassed and seek their permission before taking any action by yourself. Ensure that the person feels safe and protected from further incidents first of all. There may be things you can do to help. However it is ultimately up to the individual who experiences the harassment to decide on reporting it, although you can help them understand that they will be protected from retaliation by law and provide emotional support, as well as being a witness.
How to prove sexual harassment at the workplace
Everyone has the right to feel safe and protected at work. It’s important to be aware of your rights, to document what has happened to you, to save any evidence, and to tell someone such as your HR manager. You might also find it helpful to talk to a trusted friend or family member.
How do I know if I am being sexually harassed at work?
Any actions or words with a sexual connotation that interfere with your ability to work or create an uncomfortable atmosphere are considered sexual harassment. You do not need to be the subject of the sexually explicit content to still be considered a victim of sexual harassment. Furthermore, if the inappropriate comments are being made around you but not directly to you, you are still affected by them and this would also be considered sexual harassment.
When did sexual harassment in the workplace begin?
The modern legal understanding of sexual harassment began to be developed in the 1970s, although sexual harassment has been happening for centuries.
Who do you report sexual harassment in the workplace to?
If you think you have been the victim of a crime, you may need to report it to law enforcement. You should certainly make your employer aware of it, and record as much detail as you can about the incidents: when they happened, what happened, and when you reported it and to whom. If you have been subjected to severe or pervasive sexual harassment you have various legal remedies at your disposal.
In the era of #MeToo, courts are starting to suggest it is not enough to simply have an anti-harassment policy and a channel for reporting inappropriate behavior, the company must also foster a workplace culture where all employees feel empowered to report what they experience and witness.
If you feel you cannot make a report to your employer, speaking out online can leave you vulnerable to retaliation, and possibly without legal protections. If you cannot file a complaint with your employer, you may be able to file a complaint directly with the state or federal authorities. This will protect you from retaliation. If you are in doubt, consult a lawyer before proceeding.
Can sexual harassment occur outside the workplace?
Sexual harassment can most definitely occur outside of the workplace, at social events or at someone’s home, for example. There are plenty of interactions between co-workers that happen outside of the office or workplace, and therefore not all harassment incidents happen on premises, either.
Is sexual harassment in the workplace a crime ?
Sexual harassment itself may not be a crime, but some sexually harassing behaviours would be considered criminal. And while it may not be against the law to make an inappropriate joke or mention something of a sexual nature at work, workplaces have their own policies against such behaviour, and such behaviour could have consequences and result in termination. Each organisation will follow its own protocol for investigating harassment claims; but in any case, it’s best to err on the side of caution and steer clear of any conduct that could be considered harassing behaviour by your coworkers. And when harassment is so serious that it creates a hostile work environment or results in an adverse employment decision, it could at that point be considered illegal.
What are the consequences of sexual harassment in the workplace for victims?
Victims of sexual harassment are at risk of suffering both short and long term damage to their emotional, mental and even physical health including PTSD, lowered self esteem, anxiety, panic attacks, and inability to trust others. These problems can affect the victim’s ability to work and can extend to relationships outside of the workplace as well.
What are the consequences of sexual harassment in the workplace for perpetrators?
Penalties of those that are charged with sexual harassment or abuse could include repremand, job termination, loss of wages, demotion or forced reassignment. If the harasser’s actions are proven to be grave enough to constitute sexual assault, the harasser may also be criminally prosecuted.
How many sexual harassment cases are there in the workplace?
Workplace sexual harassment is unfortunately very common and widespread. Studies have estimated that anywhere from almost a quarter to more than eight in ten women will experience sexual harassment in their lifetime. And it’s not just women: one study showed that 43% of men reported experiencing some form of sexual harassment or assault in their lifetime.
Free guide to the New York sexual harassment laws
VinciWorks has created a guide to the upcoming New York City and State sexual harassment laws, effective from October 9, 2018. The guide explains the difference between the New York City and New York State laws and explains the requirements of employers under the new laws.
