For many employees, workplace harassment slowly begins under the guise of a friendship. You may notice that your coworker often compliments you, but the compliments start to escalate and become unwanted, as your coworker blurs the line between friendly and suspiciously, sexually-charged. What you believe initially began as platonic touches, such as hugs or pats, have morphed into uncomfortable advances and lingering touches.
It is understandable if you are feeling confused or betrayed by your coworker’s actions— of someone you thought of as a friend. Such betrayal can result in conflicting feelings about whether you should take action, but you should always value your safety first. Learn to recognize the difference between amiable interactions and inappropriate behavior.
Addressing Peer-to-Peer Harassment
Reporting harassment is not limited to an abuse of authority from supervisors or bosses. Sexual harassment can take many forms, and you are equally able to report harassment from coworkers who are your peers. It also does not necessarily have to take place at your job location, in order for it to be considered as an employment matter. Harassment can occur after work hours, at work gatherings hosted in public spaces, one-on-one outings, and even at one’s home with colleagues present. Legal action can be taken by your employer or yourself to address such harassment, if the harassment continues during the workday, at the workplace, and/or negatively affects your work environment.
Far too many times, a friendly coworker crosses a boundary at a happy hour or company party. What kind of actions classify as inappropriate behavior? Possible actions include, but are not limited to, sexual comments about your body or their own, attempts at sexual coercion, or lewd gestures that they dismiss as a “joke,” after you or others have expressed unease. In the event that a colleague touches you in a suggestive or sexual manner, your confusion, fear, and discomfort are all valid and should be taken seriously by your employer.
“My coworker is being inappropriate. What is my first step?”
Sometimes setting boundaries can be frightening, due to fear of retaliation or further harassment. In some instances when you and your coworker were previously on good terms, you may feel safe enough to express that you would not appreciate advances or do not like to be touched. For example, if you are in public and believe you can establish boundaries, you can try something like, “I prefer to keep things professional” or another manner to express disinterest.
However, it is quite often the case that colleagues do not take well to rejection and can put your safety at risk. If you are not in public and/or do not feel safe enough to establish such a boundary, try to find a way to exit the situation.
In the event that you are sexually assaulted by a coworker outside of the workplace, immediately report the situation, such as filing a police report.
Once you are away from the harasser and are safe, document the situation. Whether it be through the Notes app on your cell phone, text messages to friends and family, or a physical journal, you want to be sure to create a log with the details of the date, time, location, if anyone was present, and the emotional or physical distress you experienced as a result.
“My coworker is able to contact me and won’t leave me alone, after I set my boundaries.”
If your harasser is able to reach you via cell phone or work-connected direct messages, do not delete the call or conversation history. Again, it is important that you keep a record of when the harassment begins, how long it persists, and what the harassment consists of.
Should I Report This?
A common misconception amongst employees is waiting to say something about the harassment, especially if it is coming from a peer. According to “Measuring #MeToo,” a study on sexual assault, only 38% of women and 14% of men reported sexual harassment in the workplace. Devastatingly, the percentage of unreported harassment is likely larger and unquantifiable. If you feel that you are experiencing sexual harassment— no matter the severity— it is best to make a report to your supervisor(s) or Human Resources immediately. You may make an initial, verbal complaint to either, but having a paper trail is ideal, in order to document your efforts.
Types of Responses After a Report
You’ve just reported the sexual harassment… and now things are changing. What exactly constitutes retaliation? Adverse action— decisions that harm an employee— by employers is illegal after an employee engages in a protected activity, such as making a report of sexual harassment. Retaliation can consist of termination, demotion, isolation or exclusion, and even relocating the victim, instead of the harasser.
“What if I spoke to my supervisor but haven’t heard back. What should I do?”
Speak to HR, and submit a written report. Submitting written complaints via email or through a company-provided form is best to cover your tracks and will prove that you are taking action, if your employer does not provide a proper response.
After submitting a complaint, your employer should conduct an investigation to ensure that you are safe. The time it takes to investigate varies, but if you notice that you have not received any updates after a lengthy wait, follow up with whomever you submitted your report to.
“What if my employer dismissed my reports, and nothing changed. Is this a lost cause?”
No, you still have opportunities to take action. Continue to build that paper trail, if you are still experiencing harassment and feel that your work environment has become hostile or uncomfortable to the point that you feel you cannot complete your work.
When an investigation is inconclusive or dismissed, and action has not been taken to ensure your safety, you should consider seeking legal representation to solve the matter. The California Fair Employment and Housing Act (FEHA) and Title VII of the 1964 Civil Rights Act prohibit sexual harassment and sex discrimination in the workplace.
Makarem & Associates is an employment law firm dedicated to seeking the justice you deserve. If you are interested in a consultation to discuss possible harassment, you may reach our office at 310.312.0299 or utilize the live chat feature on our website to send an inquiry.
