Sexual Harassment Awareness and Prevention

Sexual harassment has existed for a very long time. But the modern legal definition of it only came about in the 1970s. And with the #MeToo movement, only within the last few years has the general public finally come to grips with the scale of the problem and start to take it seriously. Unfortunately, ingrained culture dies hard, and sexual harassment is still present in many institutions. Until they change, it’s best to take matters into your own hands by being aware of the problem and taking actions to stop and report it.

What Constitutes Sexual Harassment?

The law treats sexual harassment as a form of sex discrimination and a violation of Title VII of the Civil Rights Act of 1964 (and Title IX of the Education Amendments Act of 1972 for students in schools that get federal assistance). Many states explicitly prohibit sexual harassment in the workplace and require employers to provide training regarding it.

Types of Sexual Harassment

Sexual harassment essentially falls into two categories: “quid pro quo” (“this for that”) and hostile environment. In all cases, the harasser’s actions must be unwelcome. However, the law generally doesn’t treat simple teasing, off-hand comments, or otherwise minor isolated incidents as sexual harassment because it doesn’t enforce a “general civility code” (being a jerk isn’t illegal).

The quid pro quo category of sexual harassment involves making employment/academic decisions in return for sexual favors. The demand can be either explicit or implicit. For example, a victim could be coerced into performing a sexual favor in return for a promotion. Another example could also be a case where the victim is denied a promotion (or even demoted) for refusing to perform said favor.

In the other category, hostile environment, the harassment is frequent and/or severe enough that it creates an intimidating, offensive, or abusive environment that adversely affects productivity. In this case, a victim doesn’t have to be the one harassed (anyone harmed by the offensive conduct might be a victim). Although most instances of this type of sexual harassment involve harassers harming subordinates, it’s not always the case. Sometimes the victim is a superior of the harasser.

The common stereotype of sexual harassment is a man intentionally harassing a woman, but it doesn’t always happen that way. The harasser can be either gender, and the victim isn’t always someone of the opposite sex. In addition, the harasser might not know that his or her actions are offensive/unlawful.

Incidents might also result from misunderstandings between the two parties, which can be reasonable or unreasonable. A reasonable misunderstanding could be misreading mixed signals. For example, the victim could have been too polite to reject the offensive action and laughed it off instead. An unreasonable misunderstanding could be the harasser interpreting a polite “no” from the victim as the victim being coy.

Examples of Offensive Actions

The following are some examples of offensive conduct that can be considered to be sexual harassment:

dirty/sexist jokes, gestures, or comments
comments about one’s appearance
spreading rumors of a sexual nature
bragging about one’s sexual prowess
exposing oneself, possibly also while doing something lewd
distributing sexually explicit material
unwanted attention or pressure to engage in sexual favors (can be in the form of letters, phone calls, emails, or instant messages)
unwanted physical advances, such as hugs, kisses, touching, and groping; sexual assault

Example Scenarios

Here are some example scenarios so that you can see how these actions could play out in real life:

a supervisor implies that if a subordinate goes on a date with him, he’ll recommend her for a promotion
a graduate student isn’t given a prestigious internship because she rejected sexual advances from a professor
an employee who is newly promoted gets hit on frequently by his new boss despite being uninterested but puts up with it because objecting could mean losing his job
a company executive improperly hugs his subordinates but doesn’t know he’s being offensive because they are too intimidated to speak out
an employee gets bad peer reviews after ignoring a co-worker’s flirty emails
a student can’t focus on her work because another student keeps making crude comments about her
an employee posts sexual jokes around the workplace frequently, offending many of his co-workers
a professor keeps getting interrupted by dirty jokes about her from a group of students, hindering her ability to teach
an employee spreads false rumors about her co-worker’s promiscuity, making the targeted worker feel unwelcome in the company
supervisors within a company maintain a culture where women are judged by their appearance and only attractive women get promotions

Who Is Most at Risk?

In many respects, sexual harassment is like bullying. Many instances of sexual harassment happen because there is a power imbalance between the harasser and the victim. This situation can be present in many different environments, such as universities, the workplace, and the military. Often, those without the power or influence to fight back are the victims. Workers in accommodation and food services (ex. hotel housekeepers and restaurant workers), workers who work in relatively isolated environments (ex. janitors, farmers), workers without legal status (or only have a temporary work visa), and women in male-dominated fields are the kinds of people who are most at risk.

Though it can technically happen to anyone, far more women than men experience sexual harassment. Studies estimate that about of 80% of sexual harassment victims are women.

Effects of Sexual Harassment

Sexual harassment can cause many harmful effects, many of which are similar to those of bullying. These include:

deep sense of humiliation, guilt, anger, and/or shame
lower self-esteem
anxiety, panic attacks
lower motivation
loss of one’s reputation
damage to personal relationships, sometimes even leading to breaking up/divorce
loss of trust
eating disorders
substance abuse
mental health problems, such as stress, depression, and PTSD (post-traumatic stress disorder)
inability to focus, which can lead to injury in some occupations
less opportunities for employment/advancement
financial troubles from being demoted/fired, having to switch jobs, or from legal fees
suicidal thoughts, suicide

What You Can Do About Sexual Harassment

Whether you’re the victim or a bystander, there are a number of things you can do to help stop sexual harassment. Doing nothing and hoping the problem will stop only lets harassers know that they can get away with it. Heck, they might not even know that they’re being offensive. If you’re concerned about retaliation (the threat of retaliation is very real and often discourages victims from speaking out), know that under the law, people who report sexual harassment in good faith are protected from retaliatory actions.

For the victim

Let the Harasser Know That You Object to His or Her Actions

When facing harassment, don’t be too polite to object to offensive actions. Speak up and speak forcefully. This will remove any misunderstandings and make it clear that the harasser’s conduct is out of bounds. If you don’t want to confront the harasser in person, you can do it with a private message. In this case, include a factual account of what happened and tell the harasser that you object to the conduct and want it to stop. Keep a copy of the message and records of it (when you sent it, for example) for yourself. It will help strengthen your case with authorities if the harassment doesn’t stop.

Keep Detailed Records

It’s important that you keep detailed records of all communications and interactions with the harasser (time, place, context, possible witnesses…), of your productivity, and of the reporting process (in case there’s retaliation). That way, if you make a report to the authorities and it turns into a case of “he said, she said”, you’ll have a very strong case against the harasser.

Get Help

If the harassment just won’t stop, it’s time to contact the authorities. Colleges and universities usually have a hotline or a student center that you can contact to report the incident. Workplaces are much less consistent, but most have some kind of grievance system where you can file a report.

Of course, you also have to consider that the person that you’re reporting the incident to could be friends with the harasser (or the institution you’re in could be trying to protect its reputation) and decide to bury your case or even retaliate against you. If that happens, think about filing a report with a state or local agency or the US Equal Employment Opportunity Commission (EEOC). You don’t need an attorney to file a report.

Don’t Wait to Report

If you want to file a report with the EEOC, you only have 180 days (or 300, depending on state/local laws) after the time of the incident to do it. For federal employees, you need to contact an EEO counselor within 45 days and file a report within 15 days after that.

In addition, memories about an incident can fade over time, and witnesses can become unavailable. Report incidents as soon as you can so that everything is fresh in your mind, and more people can support your claim.

Find a Support Group

Whether it’s family or close friends, find people you can trust to help you cope while the case is under investigation. Sometimes, friends, colleagues, and even family members will shun a victim when they find out. This can lead to all sorts of harmful effects for the victim. Know who you can really trust and confide in them if you need to.

Don’t Make a False Claim

The law only protects you if you’re reporting an incident in good faith. If you’re intentionally filing a false claim or providing false information, it will hurt your own credibility. In addition, it could be grounds for disciplinary actions or even a lawsuit.

For the Bystander

Offer to Help the Victim

Ask the victim if he or she wants company when having to face the harasser. As with bullying, people in groups are a less vulnerable target. You can also offer to help report the incident if the victim is too afraid or intimidated to.

Create a Distraction

For incidents in progress, you can try to step in and break it up. This comes with risks, though, especially if the harassing party is stronger than you, outnumbers you, or is armed. Always take into account your own safety. If things get too out of hand, consider calling 911.

Get Extra Help

The victim might not be in a position to call for help. If you can, get a nearby authority figure, like a security guard, bouncer, or administrator, to help break up and report the incident. If they aren’t available, see if you can get a friend or another bystander to help.