By Weisberg Cummings, P.C. on December 7th, 2023
Even in modern workplaces, there is an uncomfortable and unsettling reality for many — the silent struggle against sexual harassment. In the United States, where the pursuit of dignity and fairness is embedded in legal frameworks, there is a contrasting reality. Despite the protective measures in place, a considerable number of cases — between 58% and 72% — remain unreported.
This is often due to fear and other emotions and reasons that keep people from speaking up about these incidents. However, understanding the legal realities and the severity of even seemingly minor incidences helps one realize why it’s essential to report sexual harassment.
What Is Sexual Harassment in the Workplace?
Sexual harassment can take various forms in the workplace, and in the U.S., it is crucial to understand these acts through a legal lens. The Equal Employment Opportunity Commission (EEOC) provides guidelines that categorize sexual harassment into two main categories, though there are additional classifications:
- Quid pro quo harassment: This can include unwelcome advances that are linked to employment decisions, such as a senior employee demanding sexual favors with the promise of employment benefits or adverse employment-related threats.
- Hostile work environment: This is created by pervasive or offensive conduct that is often intimidating and can take the form of lewd comments, inappropriate jokes and behavior and even displaying explicit material.
It is also essential to be aware of the Title VII of the Civil Rights Act of 1964, a federal law that prohibits sexual harassment and views it as a form of unlawful discrimination, emphasizing the need for workplaces free from such behavior and treatment toward others.
Why Is It Important to Report Sexual Harassment in the Workplace?
Here are a few reasons it’s important to sexual harassment in the workplace:
- Breaking the cycle of silence: Reporting disrupts the cycle of ongoing silence, prevents the normalization of harassment and begins the process of holding potential perpetrators accountable.
- Empowering the individual: You may empower other victims by providing a platform for them to voice their experiences and gain a sense of control. It helps break possible isolation.
- Fostering awareness and accountability: Reporting sexual harassment contributes to creating a workplace culture that is educated and aware, as well as one that prioritizes accountability.
- Protecting others in the workplace: Reporting the incident can be a protective measure for other colleagues and might ensure they do not fall victim to similar behavior.
- Legal accountability and redress: Reporting can be the first step to initiating legal processes to see the perpetrator face consequences and possibly be a means to receive relevant compensation, and in many cases an employer cannot be help legally liable for sexual harassment until they are put on notice by the victim or another reporter.
If you notice signs of sexual harassment in the workplace, consider speaking up or seeking the relevant legal counsel.
Reporting Sexual Harassment at Work
Reporting begins by determining whether you have a possible case and then taking the subsequent actions to file. You and your coworkers deserve to have a safe and fair working environment, and if you think there is cause to report an incident, consider the following points:
Where to Report Sexual Harassment
Determining where to report sexual harassment in the workplace is a crucial first step and can be a possible stumbling block that prevents many from speaking up. When seeking help and pursuing justice, it is important to know where to turn. Guidelines for reporting are often set forth in employee handbooks. There are a few possibilities:
- Human Resources (HR): The HR department is often the first line of defense regarding sexual harassment, as they should be aware of the company policies and local regulations. They will work to initiate an internal investigation.
- Supervisors and managers: Supposing your senior colleagues are not the harassers, you can report to your immediate supervisor, especially if you trust them.
- Harassment hotlines: Many companies have established hotlines that you can call anonymously to report sexual harassment in the company, especially if you require a safe space for disclosure. However, these lines may not always be a conclusive measure.
- Legal counsel: Seeking advice from committed Pennsylvania employment law attorneys can offer valuable insights into the sexual harassment laws in Pennsylvania and help you understand potential legal actions and restraining and protective orders that may be available.
- The EEOC: This federal agency is responsible for enforcing antidiscrimination laws in the U.S. You can consider filing a complaint with the EEOC if internal avenues do not yield satisfactory results. In certain instances, cases are handled by the Pennsylvania Human Relations Act (PHRA), which governs specific issues at a state level owing to case-specific details.
How to Report Sexual Harassment in the Workplace
Understanding how to report sexual harassment is a critical aspect of empowering individuals to take action against this type of workplace misconduct. Each step’s complexity varies by case, and you may need to follow multiple steps and channels, such as:
- Documenting the incident: Keep a detailed account.
- Review company policy: Familiarize yourself with the organization’s policy on reporting harassment.
- Speak to the relevant person: Contact the appropriate HR member or supervisor.
- Consider finding support: You may wish to reach out to friends, family or counseling services.
- Consult with an attorney: With proper legal counsel, you have a fuller idea of your legal options.
You have a certain number of days to file your sexual harassment claim — 300 days under Federal Law and 180 for claims under state law.
What Happens When You File a Harassment Report at Work
If a complaint of harassment is made, what will happen? There are different channels you might use and measures you might choose to take depending on whether internal individuals, third parties or bodies such as the EEOC hear the case. The processes and outcomes may differ slightly, though the process can often follow these basic steps:
- Once the report is filed, your organization or other parties should initiate a thorough investigation of the allegations.
- There may be legal implications and other ramifications for the perpetrator, such as disciplinary actions or employment termination, though it may not end there.
- Following the incident, there is usually a follow-up, such as possible workplace training, meetings between the decision-makers and those affected and other interventions.
Can You Be Fired for Reporting Harassment?
When you experience or witness sexual harassment in the workplace, it can take courage to step up and report what you have seen or experienced. But what happens when you expect the perpetrator to face disciplinary action and instead find yourself being fired?
This sort of behavior from your employer could be one of the examples of employer retaliation, where they seek to discipline you for engaging in and exercising a potential right that is permitted and protected by the EEOC.
Your lawyer may need to explore the particulars to ensure you were unfairly dismissed for reporting harassment and not something else. However, your employer should not be able to fire you for reporting sexual harassment in the workplace, and your Pennsylvania lawyer can assist you in this matter.
Can You Be Fired for Harassment Outside of Work
In certain instances, employee conduct outside of the workplace could be grounds for them to receive disciplinary action or even employment termination. This is especially true in an at-will state such as Pennsylvania, where an employer can usually fire an employee for any legally valid reason, during work or otherwise.
Speak up to Sexual Harassment With Weisberg Cummings Legal Assistance
Reporting these incidents can be a daunting task. It is important to realize that sexual harassment in the workplace is a corrosive and undermining force that disrupts and diminishes healthy work environments.
Here at Weisberg Cummings, we understand the severity of sexual harassment and the boldness it takes to speak up. We also have a firm comprehension of the federal and Pennsylvania state laws that govern such cases. If you suspect a case of sexual harassment in the workplace, request a free initial consultation or call us at (855) 716-2367 to speak with one of our attorneys about your legal options.
