Being the target of sexual harassment in the workplace is one of the worst experiences for an employee. Having to loathe going to work because the thought of ‘what is going to happen today’ is something no one should experience.
Sexual harassment in certain industries like restaurants can be at high levels. According to One Fair Wage, 71% of women have been harassed at least once during their careers. In corporate fields, harassment occurs in a more subtle but equally depressing manner.
The impact of being harassed at work is severe and long-term. It doesn’t just ruin careers. It often disrupts the victim’s ability to trust people and build relationships in the future.
Sadly, the people who are supposed to help such victims don’t provide the required support. Human Resources can be frustrating to deal with, and it is common to see them attempting to brush away complaints to avoid ‘drama.’
Thus, a dilemma arises. Should you take the legal route, or should you trust the HR process? In this article, we hope to bring some clarity to you on this question.
What Constitutes Sexual Harassment at the Workplace?
Perhaps the biggest reason that fighting against workplace sexual harassment is so difficult is the different ways that abuse can take place.
However, the easiest way to describe sexual harassment is ‘unwanted sexual advances and demands for sexual favors.’ This is how the U.S. Equal Employment Opportunity Commission (EEOC) defines it.
It highlights that harassment doesn’t always have to be sexual. It can include offensive comments and remarks about you based on your sex.
The gray area starts to occur when sexual harassment is passed off as a joke. This is a complicated situation because if the victim protests and complains, he or she is seen as a troublemaker ‘without cause.’
For instance, if your manager starts making comments about your looks or dress, it can be difficult to state your case in a serious way.
Comments such as “That dress looks nice on you” can be judged as both a compliment or an unwanted and unprofessional statement. Tone, intention, and context can hide harassment in seemingly innocent statements.
Power dynamics also come into play, and victims often feel that they should just ignore their harassment to not lose their job or future promotions. Abusers are fully aware of this and can be skilled at walking the vague line between ‘light-hearted’ and ‘creepy.’
This sort of subtle harassment is far more difficult to deal with than cases of overt harassment. When you have smoking gun evidence, even the more foot-shuffling HR managers are forced to act.
What Can You Expect From Human Resources?
While some amazing people work in HR, it cannot be denied that, more often than not, they are going to operate in favor of the company. Sure, if it is in the best interests of your employer to take action against your abuser, they will.
However, this is not always the case, and the company-first attitude hurts the victim on many occasions. In an ideal world where HR does its job right, you should expect them to:
- Respect your privacy, and keep whatever you say confidential. (To the extent permitted by the law.)
- Provide you with a supportive environment, empathize, and hear your side of things.
- Guide you on how to file a report and what to document in terms of evidence.
- Initiate an impartial investigation from their end.
- Assure you that you are not going to face retaliation for reporting harassment, especially if the abuser is in a senior position.
- Take your complaint seriously, and act with urgency.
- Update you when new developments take place in the investigation.
Unfortunately, abusers bold enough to harass someone at work do so knowing that HR is unlikely to hold them accountable.
From your side, you want to ensure that you are communicating the seriousness of the harassment you face and how you are affected by it. Try to get a sense of how your HR division is likely to react as early as possible.
If you send an email requesting a meeting to talk about sexual harassment and they immediately try to avoid responding in written emails, that’s a big red flag.
It’s an obvious indicator that they don’t want to get their hands dirty and have to deal with written evidence later. Even if they decide to limit discussions about it to verbal meetings, be sure to send an email thanking them for discussing the matter and seek acknowledgment about the same.
Should Legal Action Be the Last Resort?
The Law Offices of Jeremy Pasternak note that even if you want to take your employer to court, you should exhaust all internal channels. A major reason for this is that there is no going back once you get lawyers involved. It escalates the situation and can pose long-term consequences for your career.
If it becomes clear that you aren’t going to receive help from your company, then yes, litigation is the road ahead. Depending on where you live, victims of sexual harassment can make use of the specific protections that they are entitled to.
For instance, in California, this protection comes under the Fair Employment and Housing Act. The law demands that your employer view sexual harassment claims with the utmost seriousness. Your employer can be taken to court if they fail to do so.
There are a wide variety of advantages and disadvantages when it comes to pursuing legal action.
Advantages of Legal Action
Going the legal route will make the situation a lot more serious. This is great if your company has been blasé about your experience. The very threat of having to go to court should start a fire under them. They are likely to realize the seriousness of the situation and actually do their job and fire, or suspend your abuser.
Moreover, taking legal action can also be the right choice if you see that your employers have doled out only a slap on the wrist to your abuser. This could be a verbal or a written warning, a loss of bonus, or being sent for ‘sensitivity training.’
You also have the potential to receive financial compensation from your employer for failing to take action despite being aware of the situation.
Disadvantages of Legal Action
Unfortunately, there are a couple of downsides if you wish to go the legal route. Let’s look at some of them.
You risk the future of your career. Regardless of how justified your lawsuit is, most employers are nervous about having a litigious employee. Word will inevitably spread that you took your previous employer to court. That isn’t going to go down too well with many of the ‘better safe than sorry’ minded hiring managers.
Keep in mind that litigation is often a drawn-out process that takes up a lot of time and money. Moreover, if your case is not bulletproof, you cannot be 100% sure that the ruling will be in your favor.
There is also the risk that your experience will become a topic of gossip for coworkers, friends, and family. If you are someone who values privacy, this can be another traumatic ordeal. Things can quickly turn toxic, and your character will be called into question. You should be prepared to hear people say some truly horrible things about you.
Conclusion
The choice to pursue legal action is not an easy one. Lawyers are aware of just how messy the situation can become – hence the oft-repeated advice to find a way to settle things outside of court.
Ultimately, your decisions will be based on how your company deals with the situation and how satisfied you are with the outcome. If you aren’t satisfied with the punishment of your abuser, going the legal route works. However, it comes with its own risks.
