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.
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:
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.
Here are a few reasons it’s important to sexual harassment in the workplace:
If you notice signs of sexual harassment in the workplace, consider speaking up or seeking the relevant legal counsel.
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:
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:
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:
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.
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:
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.
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.
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.
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