Source: https://www.goldbergdevilliers.co.za/
Sexual harassment or sexual molestation implies situations where an individual is exposed to unwelcome sexual advances in physical, verbal, and visual actions that create a hostile working environment for the victim. Sexual molestation in the workplace often comes in the form of requesting sexual benefits to the victim in exchange of workplace benefits, such as promotion. According to statistics, women are highly likely to be exposed to sexual molestation as compared to men. 25% of women have experienced sexual molestation in the workplace, a number that can be, reportedly, as high as 85% in some workplace situations.
To help contain sexual molestation in the workplace, the government, including state governments, have come up with regulations targeting incriminating the vice and creating a fair working environment. Unfortunately, despite these legal frameworks, sexual molestation is still unprecedentedly high and on the rise. 75% of sexual molestation victims have been reported to experience harsh retaliation from their perpetrators whenever they report it. The intimidatory repercussions that 90% of sexual molestation victims often face as a result of reporting tend to dissuade them from reporting incidences.
These grim statistics paint the harsh reality of the society that we live in. It, therefore, implies that the chances of you being exposed to sexual molestation in the workplace are particularly high. Sometimes, sexual molestation victims do not report incidences of unfair sexual treatment in the workplace due to failure to understand whom to report to or the actions to take when lodging the complaints.
Being under such conditions is the most undesirable thing for any worker. Knowing the steps to take in the aftermath of suffering sexual molestation in the workplace is a precious thing. It gives one an opportunity to experience justice and probably prevent thousands of others from suffering a similar fate.
What to do if exposed to workplace sexual molestation
In case you are a victim of sexual molestation in the workplace, there are different steps required of you to take in order to initiate the process of dispensing justice.
Understanding the workplace policy
In any workplace situation, the first important thing to do even before suffering the vice is to read the company’s sexual harassment policy. Every serious workplace should have a detailed sexual molestation policy that outlines a clear definition of what sexual molestation entails. It should also contain information on the organizational policy as relates to the prevention and containment of the harassment within its premises. Understanding the workplace sexual intimidation policy ensures that one is not unfairly and naively targeted.
Filing your complaint
Source: https://www.aauw.org/
After being exposed to sexual molestation incidences in the workplace, the first important thing to do is to file a complaint with the necessary offices. In case a sexual molestation policy does not exist in the workplace, then complaints may be filed to an external office, preferably a legal office. West Coast Employment Lawyers advocate for victims to file such complains with an employment attorney who will consequently help with the speedy pursuit for justice.
The state of California has a well-structured sexual molestation policy backed up by the California Department of Fair Employment and Housing Agency (CDFEH) that is charged with the responsibility of protecting Californians from any sexual discrimination of employment nature. In case it is within reach of the victim of sexual intimidation to file a case with this agency, then doing so should be a priority.
The CDFEH agency is tasked with the responsibility of investigating any such reported incidences. To file a complaint with the CDFEH, one can write an email, visit their offices in person, file a complaint by filling online forms or even make a phone call. The agency takes it upon its responsibility to investigate, request for feedback from the perpetrator, and offer legal counsel for court proceedings in pursuit for justice to the victim.
Take note of important details
When filing a complaint from being sexually harassed in the workplace, it is important to take note of crucial details that will help unravel the case. Among the important information include the nature of the harassment in terms of what the perpetrator did, where the incident occurred, and the time of occurrence. Sometimes, victims may even be intimidated and threatened with repercussions in case of filing complaints. Such intimidatory remarks should be immediately reported to a sexual harassment attorney who would immediately take up the matter to ensure protection as per the law.
Informing a third party
Most sexual intimidations in the workplace often involve junior employees falling prey of the senior workers. Even after filing complaints within the workplace and even outside, it is important to inform a third-party of the incident. For example, if one has been sexually harassed by a fellow employee or even a senior manager, it is important to report the matter to another party within the workplace environment after engaging an employment attorney to follow on the matter. Reporting the incident internally helps create awareness while reducing the chances of being exposed to unfair treatment or repercussions after lodging the complaint.
Aggravated sexual intimidation
Source: https://www.aelegal.com.au/
Sometimes, verbal sexual intimidation often escalates to sexual assault, especially after repeated incidences. Victims of sexual assault should immediately call 911 to file official complains with the police. The police, during such instances, request for additional information and launch investigations against the perpetrators. Reporting the matter to the police expedites the entire process of bringing the matter to justice and preventing any further repercussions. In the case of sexual assault, working with a sexual harassment attorney alongside the police ensures that the victim receives fair treatment and court representation.
Common misconceptions about sexual molestation in the workplace
Sometimes, employees get sexually harassed yet fail to report the incidents to the authorities as a result of failure to understand what sexual molestation entails or what it doesn’t. One of the common misconceptions regarding sexual intimidation in the workplace is the fact that it involves members of opposite genders only. As West Coast Employment Lawyers will tell you, the law on sexual molestation is not gender-sensitive and, therefore, applies to all cases, irrespective of the gender orientation of the perpetrator and the victim.
Secondly, it is a common misconception that gender-based harassment only happens and should be reported if the perpetrator is a person of a senior position in the workplace. On the contrary, any person who makes sexual advances to an individual, in an intimidatory manner, irrespective of the hierarchy in the workplace, is culpable of sexual harassment. This can include supervisors, coworkers, and even non-employees orchestrating gender-based harassment within a given workplace.
In either case, pursuing justice by reporting the matter to the authorities and working with a trusted sexual harassment attorney helps dispense speedy justice.
