Employees: Sexual Harassment FAQ

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  • What is sexual harassment?

  • What should I do if I'm being sexually harassed?

  • What should I do if it is my manager who is sexual harassing me?

  • My old boyfriend, who works at the same company with me, continues to make lewd comments and touch me. Could I file for sexual harassment?

  • I told my supervisor that I was being sexually harassed, but I asked her not to do anything about it. She's investigating anyway. Isn't she supposed to keep my confidence?

  • I've been accused of harassment, but I don't think I did anything wrong. What should I do?

  • I've been accused of harassment. Am I entitled to know the name of the person who accused me, and what they accused me of?

  • Is same- sex harassment illegal?

  • Is it sexual harassment if it's only verbal?

  • What is "quid pro quo" sexual harassment?

  • Is there a statute of limitations for filing a sexual harassment claim?

  • My co-worker says that an employer could be responsible for sexual statements, actions and so forth by non-employees. Is this really possible?

    Q: What is sexual harassment?

    A: In legal terms, sexual harassment is any unwelcome sexual advance or conduct on the job that creates an intimidating, hostile or offensive working environment for either gender.

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    Q: What should I do if I'm being sexually harassed?

    A: Often, sexual harassment will stop when you demand that the person stop his or her behavior which offends you. If you aren't comfortable confronting the individual, start documenting. Keep a record of all interaction that you feel is inappropriate along with the date, time, place or other relevant information and your response, if any. Then, consult your employee handbook about the procedure for reporting, or decide if you want speak to your employer/supervisor or the human resources department about the situation.

    Once you report the situation, which should be in writing for documentation purposes, your employer should investigate the harassment. Eventually they'll let you know what they determined. The employer is obligated to attempt to stop harassment when they find it. If you think your employer didn't fulfill its obligation under the law, consider contacting your state's anti-discrimination agency or the EEOC.

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    Q: What should I do if it is my manager who is sexual harassing me?

    A: Your employer should have more than one method for reporting sexual harassment. Commonly, you can report it to your supervisor or to the Human Resources department. If you can't determine another method to let the company know about the sexual harassment, contact your state's anti-harassment agency, or the EEOC.

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    Q: My old boyfriend, who works at the same company with me, continues to make lewd comments and touch me. Could I file for sexual harassment?

    A: Yes. You will need to show that your previous involvement has ended, and that you clearly indicated that the sexual attention was no longer welcome.

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    Q: I told my supervisor that I was being sexually harassed, but I asked her not to do anything about it. She's investigating anyway. Isn't she supposed to keep my confidence?

    A: She's required to keep your confidence, but the employer is also required to put a stop to harassment where it exists. If you absolutely want to keep your privacy, you need to realize that the employer may not be able to stop the harassment. In many situations, it's easy to figure out who reported the harassment.

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    Q: I've been accused of harassment, but I don't think I did anything wrong. What should I do?

    A: You should consider consulting with an attorney. Employees must realize that their own opinion that they didn't do anything wrong is not the determining factor. The determining factor is whether the act was objectively offensive and whether the other employee was honestly offended. The employer is obligated to investigate the allegation of harassment. If the investigation determines that harassment took place, the employer is obligated to attempt to stop the harassment. That can mean anything from a verbal warning through termination. If the investigation cannot determine to a certainty that harassment did or did not take place, the employer may still take action against the accused.

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    Q: I've been accused of harassment. Am I entitled to know the name of the person who accused me, and what they accused me of?

    A: No. The employer is obligated to investigate the harassment and to protect the complaining employee from retaliation. It may be necessary for the complainant's identity to be disclosed, and it may be disclosed by the simple facts of the complaint.

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    Q: Is same sex harassment illegal?

    A: Yes. Sexual harassment on the basis of a person's sex is illegal. Males can harass males and females can harass females.

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    Q: Is it sexual harassment if it's only verbal?

    A: It absolutely can be sexual harassment. Words can be as offensive as physical acts. Jokes and stories can be sexually harassing and create a hostile work environment.

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    Q: What is "quid pro quo" sexual harassment?

    A: If a boss, supervisor or someone with authority outright demands or implies that you must provide sexual favors in return for hiring you, keeping your job, or promotion, that is "quid pro quo" sexual harassment.

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    Q: Is there a statute of limitations for filing a sexual harassment claim?

    A: If the claim is brought under federal law (Title VII), you must file a complaint with the Equal Employment Opportunities Commission ("EEOC") within 300 days after the unlawful act. State laws may vary.

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    Q: My co-worker says that an employer could be responsible for sexual statements, actions, and so forth by non-employees. Is this really possible?

    A: Your co-worker is correct. Although it's certainly not nearly as common as co-worker/co-worker or supervisor/supervised employee sexual harassment, periodically employers have been held liable for third party harassment.

    Third party sexual harassment claims are most likely to arise in businesses and industries which provide services, such as food service, healthcare and other areas with a high interaction with consumers. But they can also arise in the marketing and sales arenas where a sales representative must work with customers to obtain orders.

    The federal Equal Employment Opportunity Commission's guidelines hold that an employer may be responsible for the acts of non-employees with respect to sexual harassment of employees in the workplace, where the employer, its agents, or supervisory employees know or should have known of the conduct but doesn't take immediate and appropriate corrective action.

    What should an employee expect? At the very minimum, an employer should take an employee's complaints of harassment seriously. The employer should investigate the complaint and if necessary, take immediate, appropriate action. An employer may need to modify certain policies and procedures to avoid such harassment in the future.

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