How to Deal With a Sexually-Hostile University Environment.

In a hostile university environment claim, a student must demonstrate that a reasonable person would find the environment hostile and abusive, and that she herself was offended, a requirement easily met where the offending conduct has affected her psychological well-being in a demonstrable way. Even without serious psychological injury, the employee may still show that the conduct was offensive. If, however, she herself contributed by speech or actions to a sexually charged atmosphere, the employee may be unable to show that her complaint is legitimate. In addition, not all conduct of a sexual nature in the workplace is unlawful. The touchstone of whether harassment has occurred is whether the challenged conduct is unwelcome. The courts have stated that an isolated comment will not constitute harassment. Rather, the totality of the circumstances must be considered, including the frequency and severity of the offending conduct, whether it is physically threatening or humiliating, and whether it unreasonably interferes with the employee’s performance. Current law does not require that a victim of sexual harassment first make an internal complaint before filing a claim. However, if the employer has a complaint procedure that encourages victims to come forward, failure to complain may undercut efforts to show that the employee was offended. If the employer has no complaint procedure, or if the procedure would require the victim to report the complaint to the harasser, then the lack of complaint won’t affect the employee’s case.

Difficulty: Challenging

Instructions

1. Speak up at the time of the perceived harassment situation: Say “no!” clearly, firmly and without smiling. This is not the time to be polite or vague. Sexual harassment is illegal, and most corporate and school policies prohibit any employee or student from engaging in sexual harassment. Inform the harasser that his attentions are unwanted. Make clear that you find the behavior offensive. By being quiet, you enable the harassment to continue. Speaking up can protect others from being victimized and may decrease your feelings of helplessness. If you have clearly requested that the behavior stop and it doesn’t, write a memo to the harasser and keep a copy in your files.

2. Document the harassment. Write down each incident including date, time and place. Detail what happened and include your response. Keep a copy at home. This information will be useful if you need to take legal action.

3. Document your work. Keep copies of performance evaluations and memos that attest to the quality of your work. The harasser may question your job performance in order to justify his behavior.

4. Look for witnesses and other victims. You are probably not the first person who has been mistreated by this individual. Ask around—you may find others who will support your charge. Two accusations are much harder to ignore. Don’t be too disappointed if you find that other women who have been harassed are willing to ignore it—these people may be afraid for their jobs or have become so used to the offensive behavior that it doesn’t bother them anymore. Sexual harassment will continue if good people do nothing.

5. Explore university channels. Use any grievance procedures or channels detailed in your employee handbook. If you are in a union, get the union steward involved right away.

6. Seek advice. This can help you determine whether what you are experiencing is sexual harassment and can provide help in preventing initial overtures from developing into harassment. You may begin by seeking advice from your human resources department, your union representative, your dean of students or from an attorney or legal service. You do not need an attorney to file a sexual harassment claim, but before filing a claim, you may want to speak with a legal service or private attorney specializing in employment discrimination. For information on where to seek advice, call an advocacy organization of working women.

7. File a complaint. If you need to pursue a legal remedy, contact your state discrimination agency or the federal Equal Employment Opportunity Commission. Look in your telephone directory for the field office closest to you. The federal agency covers workplaces of 15 or more people; state law may protect you if you’re in a smaller workplace.

Tips & Warnings

• Don’t blame yourself. Sexual harassment is unwanted action that the harasser decides to take. It is not your fault.
• Don’t delay. If you delay action, the harassment is likely to continue.
• Victims of sexual harassment are entitled to damages for pain and suffering as well as lost pay. If you win, you may recover legal fees.
• Speak up. Inform the harasser that his/her actions may be perceived as sexual harassment.
• Support the victim. Provide comfort and assurances to the victim.
• Report the incident to appropriate persons within your office or school.