Reporting Sexual Harassment: Supervisor Physically Touched You

Sexual harassment in the workplace used to be something that came with the job and employees were expected to put up with it. This is no longer the case. You should not have to put up with any form of sexual harassment in the workplace that affects your ability to do your job.

State and federal anti sexual harassment legislation exists to protect you from this type of unwanted behavior. Read the tips for reporting sexual harassment below to find out what to do if a supervisor has been physically touching you without your consent.

Tip 1: Ask Your Harasser to Stop

This might appear to be one of the hardest things you have to do after experiencing sexual harassment, but you should do your best to let the harasser know that his or her physical touch is not welcome and you want it to stop right away.

Sexual harassment in the workplace is defined as unwelcome behavior of a sexual nature and could be anything from jokes and innuendo to messages sent to you by email, letter or text and more direct physical contact.

If a supervisor has been deliberately touching you in a sexual way, then this could be considered a more serious form of sexual harassment.

You should let your supervisor know that the physical contact makes you feel uncomfortable, that it affects your work and that you want it to stop. Make a note of when the touching behavior occurred and when you contacted your supervisor about stopping it.

Tip 2: Keep a Paper Trail

Before reporting sexual harassment you should try and make sure you keep a record of what occurred, when it happened, how it affected you and what, if anything, you did about it.

Unsolicited physical touching is not easy to prove as there may not be anyone who witnessed it apart from yourself. If you do have witnesses, e.g. a co-worker, make a note of who it was as you may need a statement from them later.

If you are able to do so, talk to a trusted co-worker immediately after the touching episode took place and explain that it made you uncomfortable and that you might report it to HR. This will help to corroborate your own statement.

Tip 3: File a Formal Letter to HR

If your supervisor continues to attempt to touch you after you have told them to stop, then your next step should be to file a formal complaint to your HR or whoever is at a higher level in your place of employment than your supervisor. Your complaint should include:

  •  a description of the sexual harassment experienced;
  • who was harassing you;
  • how it made you feel;
  • the fact that it negatively affected your ability to do your job;
  • the fact that you had already made it clear to your supervisor that you wanted him/her to stop touching you;
  • that the attempts to touch you were continuing despite you having told the supervisor to stop.

Include with your complaint any evidence or written record of the harassment you experienced including any statements from co-workers who witnessed the touching event or who you may have told after the touching took place. This is when the paper trail from Tip 2 above comes in useful.

Tip 4: Speak to an Attorney

If there is no progress and your employer fails to act, it is time to talk to an employment law attorney about your legal options. The main option is to file a complaint of sexual harassment with the Equal Employment Opportunities Commission (EEOC) or a state equivalent An attorney can help you with filing a complaint and with a lawsuit against your employer if there is still no resolution.

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