What to Do When Sexual Harassment Is Happening to You Right Now
Sexual harassment does not announce itself with a warning label. It can creep into a career that took years to build in the form of a supervisor's "joke," an unwanted hand on your shoulder, a pattern of comments that make you dread Monday mornings. And when it happens, most people do not know that the choices they make in the days and weeks that follow can determine whether they will ever be able to hold the harasser or the employer accountable. This post is about those choices.
The Law Has Requirements and Your Harasser Is Counting on You Not to Know Them
Before explaining what you should do, it is worth understanding why it matters. Courts require that the harassing conduct be unwelcome. That word carries real legal weight. If you engaged in sexual banter, returned a flirtation or gave any signal that the behavior was acceptable, a defense lawyer will use it against you. Employers routinely argue that a complainant "welcomed" the conduct, and that argument is far easier to make when there is no clear, contemporaneous record showing that you said "no" and meant it. This does not mean you need to be rude or aggressive. It means you must be clear and direct.
Say No — Clearly, Directly and as Early as Possible
This is the most important thing you can do and it cannot be overstated. Tell your boss or whoever is harassing you that the conduct is unwelcome. Don't hint at it, don't imply it. Say it. "That's not appropriate." "I'm not interested." "Please don't do that." "Please don't speak to me that way." Tell the person that the behavior offends you and that it must stop. Refuse invitations for personal interaction outside of work. Do not engage in sexual banter or flirt back, even reflexively, even once. Keep communications about work matters. Every mixed signal is a weapon your harasser will eventually use against you.
Courts require that the conduct be unwelcome to constitute actionable sexual harassment. That single word has derailed more legitimate claims than almost any other legal concept. Defense lawyers are trained to find every ambiguous interaction, every laugh at an off-color joke, every casual exchange that could be characterized as mutual and to use it to suggest that you welcomed what was happening to you. The way you foreclose that argument is to speak clearly and early, so there is no ambiguity to exploit.
Put it in writing. A text message, an email, a handwritten note — anything that captures your words and the date you said them — is worth more than any memory of any conversation. People forget. Witnesses get nervous. But a contemporaneous record of your objection is permanent. And if the conduct continues after you have made your position plain, report it to your employer immediately. Not eventually. Not after you have thought about it for a few weeks. Right away. The longer you wait, the harder it becomes to establish both that the harassment was ongoing and that the company failed to stop it. Delay hands the employer a defense it does not deserve. Direct communication beats silence every time. Hoping harassment will go away is not a strategy. It is a gift to the person harassing you.
Report the Harassment Even If You Think It Will Not Help
Here is a fact that surprises many victims: your employer cannot be held legally responsible for harassment by a co-worker, client or customer unless the company knew about it — or had reason to know about it. That means if you never complain, the company usually walks away. Report the harassment in writing to your supervisor, your human resources department or any person within the organization with the authority to stop it. Describe what happened. Describe what you want done about it. Keep a copy. If your company has a harassment reporting policy, follow it to the letter. Defense lawyers will argue that the employer would have stopped the harassment if only it had been told. Your written complaint forecloses that argument. It proves the company knew, and it starts the clock on the company's obligation to act.
Document Everything — Starting Today
Memory fades. Witnesses get nervous. Harassers lie. Your written record does none of those things.
Start a harassment log immediately. Record dates, times, locations and exactly what was said or done. Name every witness who was present. Be objective and specific — this record may be read by a judge, a jury or a neutral arbitrator. Keep it at home or somewhere entirely outside your employer's reach. If trusted coworkers witnessed the harassment, ask them to write down what they observed, particularly if the same conduct is happening to them. Corroboration is powerful, and a single witness can change the outcome of a case.
Protect Your Own Work Record
When harassment claims are filed, the employer's first move is often to attack the victim's performance. Gather your performance evaluations, positive feedback emails, commendation letters and any other documentation showing the quality of your work — before anything happens to make those records unavailable to you. If your state law or your employer's policy allows you to review your personnel file, review it and take careful notes. This is not paranoia. It is preparation.
Talk to People You Trust
Talking with friends, family and trusted colleagues does more than provide emotional support. It also creates a contemporaneous record that you reported the harassment and to whom you reported it. People who heard you describe the harassment close in time to when it occurred can be called as witnesses. Tell supportive people in your life what is happening, and tell them as soon as possible.
When the Complaint Was Ignored or the Harassment Continued
If you reported the harassment and the company failed to investigate, go back. Ask why. Provide updated information. Make plain that you expect the company to act. If the company investigated but took no meaningful action — or if the harassment is continuing despite a prior complaint — you are no longer dealing with a borderline situation. You are dealing with a company that has been told about unlawful conduct and has chosen to do nothing. That is not a defensible position, and at that point it is time to speak with an employment attorney.
You Do Not Have to Navigate This Alone
Sexual harassment cases are fact-intensive, and the legal rights available to you depend on the specific details of your situation. If you are experiencing harassment at work — or have already been subjected to it — speaking with an experienced Pittsburgh employment attorney sooner rather than later can mean the difference between a strong case and a compromised one. At the Lamberton Law Firm, LLC, we represent employees who have been subjected to sexual harassment, hostile work environments and retaliatory employment actions in Pennsylvania. If you have questions about your situation, please contact us.