Sexual Harassment: FAQs

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Sexual harassment on the job took a dramatic leap into public awareness in October 1991, when Professor Anita Hill's charges against Judge Clarence Thomas became known after his nomination to the U.S. Supreme Court. Many other incidents have erupted since then, including investigations into the Navy after the Tailhook incident and into government officials after Senator Bob Packwood was accused of harassing several female staffers. More recently, the federal government has taken legal action on behalf of a large number of women against the Mitsubishi auto assembly plant in Normal, Illinois.

Enforcement of the laws prohibiting sexual harassment has been stepped up in the last few years. But in workplaces across America, the issue is far from settled. Sexual harassment is still a daily problem for many workers, especially women.

What is sexual harassment?

Are there laws that protect against sexual harassment on the job?

Today, there is greater understanding that the Civil Rights Act prohibits sexual harassment at work. In addition, most states have their own fair employment practices laws that prohibit sexual harassment--many of them more strict than the federal law. To find out the law in your state, call (800) 669-3362 and ask for the federal EEOC office nearest you.

Are men ever sexually harassed? Can workers harass co-workers of the same gender?

But in the overwhelming majority of cases of sexual harassment, it's a male co-worker or supervisor who is harassing a female worker. No one is sure why this is so. Socialization probably plays a part: men are more likely than women to find sexual advances flattering, women more likely to be perceived as the gatekeepers of sexual conduct. Economics probably enter, too. There are simply more women in the workforce than ever before--and at least some male workers feel the influx as a threat to their own livelihoods. Finally, sexual harassment is usually a power ploy, a way to keep some workers in lower-paid, less respected positions-or force them out of the workplace altogether.

I'm being sexually harassed at work. What should I do?

When confronted directly, harassment is especially likely to end if it is at a fairly low level: off-color jokes, inappropriate comments about your appearance, tacky cartoons tacked onto the office refrigerator or repeated requests for dates after you have said no.

But clearly saying you want the offensive behavior to stop does more than let the harasser know that the behavior is unwelcome. It is also a crucial first step if you later decide to take more formal action against the harasser, whether through your company's complaint procedure or through the legal system. And give serious thought to documenting what's going on by keeping a diary or journal; your case will be stronger if you can later prove that the harassment continued after you confronted the harasser.

What if the harassment doesn't stop even after I've confronted the harasser?

Be sure to save any offensive letters, photographs, cards or notes you receive. And if you were made to feel uncomfortable because of jokes, pin-ups or cartoons posted at work, confiscate them--or at least make copies. An anonymous, obnoxious photo or joke posted on a bulletin board is not anyone else's personal property, so you are free to take it down and keep it as evidence. If that's not possible, photograph the workplace walls. Note the dates the offensive material was posted--and whether there were hostile reactions when you took it down or asked another person to do so.

Also, keep a detailed journal. Write down the specifics of everything that feels like harassment. Include the names of everyone involved, what happened, where and when it took place. If anyone else saw or heard the harassment, note that as well. Be as specific as possible about what was said and done--and how it affected you, your health or job performance.

If your employer has conducted periodic written evaluations of your work, make sure you have copies. In fact, you may want to ask for a copy of your entire personnel file--before you tip your hand that you are considering taking action against a harassing co-worker. Your records will be particularly persuasive evidence if your evaluations have been good but after you complain, your employer retaliates by trying to transfer or fire you, claiming poor job performance.

If the harassment still doesn't stop, what are my options short of filing a lawsuit or a complaint with a government agency?

If the harassment still does not abate--or if you believe the supervisor is sympathetic to the harassment or the harasser--send the letter to the next-ranked worker or official at your workplace. Include a cover letter in which you offer your own remedy for the situation--something realistic that might help end the discomfort, such as transferring the harasser to a more distant worksite. If it's your own supervisor who has been harassing you, consider asking to be assigned a different supervisor.

These days, most workplaces have specific written policies prohibiting sexual harassment. If you have followed the steps that seem reasonable to you but the harassment continues, your next option is to pursue any procedure your company has established for handling harassment.

What legal steps can I take to end the harassment?

Even if you intend right from the beginning to file such a lawsuit, you sometimes must first file a claim with a government agency. For example, an employee pursuing a claim under the Civil Rights Act must first file a claim with the federal EEOC, and a similar complaint procedure is required under some state laws. The EEOC or state agency may decide to prosecute your case on its own, but that happens only occasionally.

More commonly, at some point, the agency will issue you a document referred to as a "right-to-sue" letter that allows you to take your case to court. When filing an action for sexual harassment, you will almost always need to hire a lawyer for help.

9to5 is a national nonprofit membership organization for working women. It provides counseling, information and referrals for problems on the job, including family leave, pregnancy disability, termination, compensation and sexual harassment. 9to5 also offers a newsletter and publications. There are local chapters throughout the country.