How to Respond to Workplace Sexual Harassment

What to Do in Case of Workplace Sexual Harassment

If you've experienced sexual harassment in your workplace in Los Angeles or elsewhere in California and are wondering whom to report to, I can help you. I'm David Mallen of Employee Law Group in Los Angeles.

For several years I have helped workplace sexual harassment victims to find justice. I do everything legally possible to ensure the victims are fairly compensated - a move that discourages harassment cases.

Why Workplace Sexual Harassment Victims Fail to Report

Workplace sexual harassment is a major problem, especially for women. Over 75% of women I have interacted with have experienced some form of harassment in their workplace. Among them, only 10% reported. After probing why they didn't report, most cited fear of retaliation and the workplace culture that normalizes sexual harassment, among other reasons.

Fear of Retaliation

It's unfortunate, but fear of retaliation is the leading cause for not reporting sexual harassment. Victims who complain often face hostility and retaliation for reporting their harassers. For example, a lady I spoke to was sexually harassed by a co-worker. As a result, she requested the manager to move her to a different department, and the request was disapproved. A few days later, she was written up for an unimportant reason. This kind of retaliation sends a clear message to the victim that she puts herself in jeopardy if she keeps complaining. And this is just one among many similar cases.

Masculine Culture

Although a lot has been done to improve gender equality, the hard truth is that the masculine culture still prevails in many workplaces. Some men show their masculinity by harassing women coworkers sexually. In such an environment, the victim usually suffers in silence because sexual harassment seems normal, and being the lone complainer is likely to lead to isolation and loneliness at work. Sadly, some women have also adopted this trend and are harassing men sexually to fit in with the “status quo.”

Bystander Effect

The bystander effect is a case where someone is sexually harassed in the presence of others. The victim feels that it's the responsibility of the onlookers to report. Some of the witnesses may even want to report the harassment, but don’t want to be the one responsible and possibly draw negative attention to themselves. Others may choose to mind their own business and try to stay out of a controversial situation, and so no one may intervene. Even where many people may feel a coworker has crossed a line, they don’t want to get involved, and as a result bad behavior is ignored and seemingly condoned.

What Sexual Harassment Looks Like

Sexual harassment can happen in many different environments and situation, but I mainly focus on the workplace. The harasser can belong to any gender and may even be friendly or closely related to the victim. Furthermore, it could be the Chief Executive Officer, direct or indirect supervisor, a co-worker, or a subordinate.

Below are some forms of sexual harassment:

• Unwelcomed request for sexual favors
• Physical contact and touching without consent
• Sexually humiliating someone
• Being pressured to engage in a sexual relationship
• Sending unwanted sexual messages
• Exposing one performing sexual acts
• Verbal harassment
• Setting sexual-based conditions for employment, promotions, or benefits

How Is Sexual Harassment Different From Sexual Assault?

Generally, sexual harassment is unwelcome physical or verbal sexual attention, while sexual assault refers to forced sexual contact or behavior. It may involve forcefully penetrating the victim's body (rape), attempted rape, groping or rubbing against the victim, and any other unwanted sexual touching. Keep in mind that both harassment and assault are legally unacceptable and should be reported immediately.

What Are the Effects of Workplace Sexual Harassment?

Workplace sexual harassment can have severe consequences for the victim, affecting their physical, mental, and emotional health.

In some cases, workplace harassment leads to job loss. For example, if the manager or someone superior asked for sexual favors from an employee, the victim stands the chance of losing their job if they do not give in. In another example, sexual demands or demeaning comments from a colleague create tension leading to a hostile work environment. If the victim feels they have been pushed too far can no longer take the pressure, they can quit the job and lose their income.

Some employees who experience sexual harassment may develop physical, emotional, and mental health problems. For instance, 90-95% of the victims report suffering from depression, anxiety, headaches, nausea, weight loss, and low self-esteem. Some also experience sexual dysfunction.

Sexual harassment lowers productivity and affects business. Therefore, it is crucial to report the offense to prevent similar cases from occurring.

Why Seek Legal Help?