How to Isolate and Document Sexual Harassment Behavior From Your Boss

There is a tendency to minimize sexual harassment behavior as not being important or really serious. Those who commit the crime have good reason to ignore it, but to anyone who has been on the receiving end of this unwanted behavior, it is the worst kind of harassment, because it never stops. If you think it’s not real, take a look at these outrageous but true figures. Know that 50 to 80 percent of women in the workplace experience sexual harassment at least once in their careers. Interestingly, 15 percent of complaints filed are by men. Up to 95 percent of all such incidents may not be reported. A typical Fortune 500 corporation can expect to lose $10 million annually from absenteeism, lower productivity, increased health-care costs, poor morale and employee turnover as a result of sexual harassment. Sexual harassment victims can recover compensatory damages beyond back pay, future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and punitive damages; and may do so in a jury trial. Over $150 million was awarded to victims of sexual harassment in the United States in 1999. According to a USA Today report, “Although it can be a precursor to acts of violence and other criminal acts, sexual harassment is not itself legally classified as a crime in most jurisdictions in the United States; therefore, it can be addressed only through a civil action.”

Instructions

Difficulty: Challenging

1. Sexual harassment is unwanted, repeated sexual attention. Not only is it offensive, it’s against civil law. Sexual harassment is illegal even if the harasser is not your boss, your professor, or your teacher. It is illegal even if the perpetrator is not overtly stating to you that you will lose your job or your academic standing if you don’t go along with his sexual contacts. It also is illegal if the harassment creates a hostile or offensive environment that interferes with your ability to do your job or continue your academic pursuits.
2. Perhaps you have a boss that may be sexually harassing you, but you’re not sure. Here are some behaviors that the law may deem to be sexual harassment: slurs or abuse, sexual innuendoes and other suggestive, offensive, or derogatory comments, humor and jokes about sex (or gender-specific traits), sexist remarks about your body, clothing, or sexual activity, sexual propositions or subtle pressure for sexual activities, insults of a sexual nature, requests or demands for sexual favors, catcalls, leering, ogling, whistling, suggestive or insulting sounds or gestures, use of inappropriate body images to advertise events, visual displays of degrading sexual images, unnecessary and unwanted physical contact (e.g., touching, brushing, pinching), attempts to impede or block movement, attempted or actual fondling or kissing, physical assault or coerced sexual intercourse.
3. The basic point to remember is that sexual harassment is unwanted, unsolicited, or undesired attention of a sexual nature. Sexual harassment is a breach of the trusting relationship that normally exists between the employer and employee, or between the professor and student. Boundaries between the professional role and the personal relationship blur because the harasser intrudes into what should be a sex-neutral situation. Sexual harassment can escalate into rape. Sexual harassment is not about sex—it’s about power. Typically, such behavior is designed to humiliate and control. So, if you find that your boss is doing any of these things, document every single occurrence in writing, date, time, what was said or done, and how it made you feel. Document if there are any witnesses to the behavior. Be prepared when you bring this to light, that you will, in many cases, lose your job. This is something to consider, but remember that sexual harassment rarely goes away. It usually gets worse and many times progresses to rape.