“How can I protect myself if I’m being sexually harassed?” It’s one of the most common employment law questions we get from Ohio employees. Because every situation can be unique, there is no one-sized-fits-all answer. Still, there are several important steps employees should consider to stand up for their rights before it becomes necessary to file a workplace sexual harassment lawsuit.
Below are a few steps employees can take if they are being sexually harassed at work:
How do I spot sexual harassment at work?
The first step toward protecting yourself is understanding what constitutes workplace sexual harassment. With that in mind, it’s important to know that harassment does not always involve physical touching—it can be verbal, visual, or written as well. Examples include sexual advances, inappropriate jokes, suggestive comments, or the display of sexually explicit photos. It’s especially common in sexual harassment lawsuits to find inappropriate text messages from a harasser. With the growth of AI, it is increasingly necessary to watch out for “deepfake” or other AI-generated sexual harassment.
Document and keep evidence of the harassment.
If you experience or witness harassment, keep a detailed record of every incident. Note the date, time, location, individuals involved, and a description of what happened. This documentation can be crucial in supporting your claim. If possible, save any evidence, such as inappropriate social media messages, emails, or text messages.
Set clear boundaries against workplace sexual harassment.
If you feel safe doing so, make it clear to the harasser that their behavior is unwelcome. There are no magic words when opposing sexual harassment, but you should let the harasser know that their conduct is not welcome and ask them to stop. If you feel unsafe or uncomfortable confronting the harasser, however, you might take the following step instead.
Report the harassment.
You should report the harassment to your supervisor, HR department, another member of management, or even ownership. This can be scary, but it’s critical. In many cases, employers won’t be liable in a sexual harassment in the workplace lawsuit if they didn’t know or have reason to know about the harassment. That means in some cases your employer might have a defense to your sexual harassment lawsuit if you never report it. It’s a good idea to make your harassment complaint in writing so there’s proof what you complained about and when you did it. A complaint by email ensures there is an electronic time stamp proving when you complained.
But what if the sexual harasser is the owner? In that case you probably need to take the next step and…
Get help from a sexual harassment lawyer.
If your employer fails to take your complaint seriously, the behavior continues, or the harasser is the owner, it’s time to take the next step to protect yourself from sexual harassment. Talking to an attorney with experience handing workplace sexual harassment lawsuits is likely the best course of action. Even a brief phone call with a lawyer might help you figure out the best way to protect yourself.
What do I need to do before filing a workplace sexual harassment lawsuit?
If formal legal action is necessary, there’s something employees must do first. Before you can file a lawsuit for sexual harassment, you first need to file what’s called a “charge of discrimination” with either the Equal Employment Opportunity Commission (“EEOC”) or the Ohio Civil Rights Commission (“OCRC”). These agencies investigate complaints of workplace discrimination, including sexual harassment. Both Ohio and federal law require employees to file a charge of discrimination against the employer before going to court.
After you file a charge, the agency you filed with will notify your employer of the charge and ask the employer to respond. The agency will also typically ask if the employer wants to try to resolve the charge through mediation. If the employer does not want to mediate, the agency will require your employer to respond in writing to your allegations. The OCRC or EEOC will then investigate your sexual harassment allegations.
The investigation process can take from several months to more than a year, depending on the complexity of the case and the agency’s workload. Fortunately, employees are not required to wait that long and can ask the agency to close its investigation and instead issue a “right to sue” letter, which allows the employee to file the sexual harassment lawsuit in court. If you file with the EEOC, you must typically wait 180 days before requesting a “right to sue” letter. If you file with the OCRC, Ohio law requires you to wait 45 days after filing your charge.
Standing up to sexual harassment at work
Sexual harassment in the workplace is unacceptable. Recognizing the signs of harassment, documenting carefully, and reporting the behavior gives you the best chance to protect yourself. Sometimes that will be enough to get the harassment to stop. But sometimes not. The lawyers at Bolek Besser Glesius have helped countless Ohio employees navigate workplace sexual harassment. If you need help, that’s what we’re here for.
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