When coworkers make unsolicited and unwanted sexual comments or jokes about you, or any other employee for that matter, it is an example of sexual harassment.
No employee should have to put up with any form of sexual harassment in the workplace that affects their ability to do their job.
State and federal anti sexual harassment legislation exists to protect employees from this type of unwanted harassment. Employers are expected to do their best to prevent sexual harassment from happening in their workplace.
Read the tips for reporting sexual harassment below to find out what to do if a coworker has been making sexual comments or jokes about you.
Tip 1: Ask Your Coworker to Stop Harassing You
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.
The first step is to make sure that your coworker is aware that you do not like what they are saying and are seriously asking them to stop doing it.
Let your coworker know that the comments, jokes or innuendo make you feel uncomfortable and that it affects your work negatively. Tell the coworker that you want him/her to stop. Make a note of when the comments or jokes were made and when you contacted the other employee about stopping it.
Tip 2: Keep a Paper Trail of the Comments and Jokes Made
If you have to report the behavior to HR or take it further, e.g. to the EEOC, you will have a better chance of getting something done if you have evidence of what you are complaining about.
If the comments or jokes have been made in any non-verbal form, e.g. by email, notes, letters or text messages, make sure you keep copies of them.
If they are verbal, and other employees heard what was said, let them know that you intend to complain and you might want them to verify who said what and what they said.
Even if no-one else was around when verbal comments of a sexual nature were made, let other coworkers know and that you intend complaining to HR about it. This form of paper trail will come n useful when reporting sexual harassment in the workplace.
Tip 3: File a Formal Letter to HR
If the coworker continues to make comments or jokes after you have told them to stop, then your next step should be to file a formal complaint to your HR department. 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 fellow employee that you wanted him/her to stop harassing you;
- that the attempts to harass you were continuing despite you having told the person to stop.
Include with your complaint any evidence or written record of the harassment you experienced including any statements from co-workers who heard these comments or jokes made or who you may have told about them. This is when the paper trail from Tip 2 above comes in useful.
Tip 4: Speak to an Attorney
Employers must provide a workplace environment free from sexual harassment. They are expected by law to proactively respond to complaints of unwanted sexual harassment.
If an employer fails to respond then your next step is to contact an employment law attorney about your case and discuss 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.
