If you experience sexual harassment at work, you have several legal rights and protections under both federal and state law. Sexual harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. In addition to Title VII, many states have their own laws offering further protection against sexual harassment in the workplace.
The first step in understanding your rights is recognizing what constitutes sexual harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile or intimidating work environment. This can include inappropriate comments, offensive jokes, unwelcome touching, or the display of explicit materials. It can also involve more subtle forms of harassment, such as quid pro quo harassment, where an employer or coworker suggests that job benefits (such as promotions or raises) are tied to sexual favors.
If you experience sexual harassment at work, your first right is to be free from retaliation if you choose to report it. Employers are legally prohibited from punishing or retaliating against employees for reporting harassment or participating in an investigation. Retaliation can include actions like demotion, termination, reduced hours, or any other form of adverse employment action. If you believe you are being retaliated against, this can also form the basis for a separate legal claim.
Your next right is to report the harassment. Most employers are required by law to have a sexual harassment policy in place, which should provide a clear process for reporting complaints. This often includes notifying a supervisor, human resources, or a designated person within the company. It’s important to document all instances of harassment, including dates, times, locations, what was said or done, and any witnesses. Written records, such as emails or text messages, can also be valuable evidence.
If you don’t feel comfortable reporting the harassment internally, or if your employer fails to take appropriate action, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency responsible for enforcing laws against workplace discrimination, including sexual harassment. You must file a complaint with the EEOC before pursuing a lawsuit in court. The agency will investigate your claim and, if they find evidence of harassment, may attempt to mediate a resolution or pursue legal action on your behalf.
In addition to the EEOC, state agencies often have their own processes for handling workplace harassment claims. Some states provide additional protections and may have different filing deadlines or procedures. In some cases, you can file a claim with both the EEOC and your state’s labor department simultaneously.
If the harassment continues after you report it, or if you are unable to resolve the issue through internal or agency channels, you may choose to file a lawsuit in court. In a civil lawsuit, you can seek various forms of relief, including compensatory damages for emotional distress, lost wages, and punitive damages meant to punish the harasser and deter future misconduct. You may also be entitled to reinstatement or other equitable remedies, depending on the nature of the harassment and the impact on your employment.
The law also recognizes that not all instances of inappropriate behavior will rise to the level of sexual harassment. To qualify as harassment, the behavior must be severe or pervasive enough to create an intimidating, hostile, or offensive working environment. In some cases, single incidents of inappropriate behavior may not meet this threshold, but a pattern of misconduct or a particularly egregious act could still warrant legal action.
Employers have a responsibility to take prompt and effective action to prevent sexual harassment and address any complaints. This includes conducting investigations into complaints, disciplining perpetrators, and providing training to employees on appropriate conduct in the workplace. Employers who fail to take action may be held liable for the harassment that occurs under their watch.
