Contact the experienced employment law attorneys at Maya Murphy, P.C. today at (203) 221-3100 or JMaya@Mayalaw.com.
In the wake of recent reports of sexual misconduct by Harvey Weinstein, Kevin Spacey, Louis C.K., Andrew Kreisberg, and many other people in Hollywood, it is important to educate people about how to spot sexual harassment and how to report it.
In a recent federal case handled by MayaLaw associates, Echevarria v. Utitec, a female plaintiff filed a sexual harassment complaint after a male coworker made her feel uncomfortable with sexual looks, comments regarding her appearance and husband, and running his fingers down her spine.
What is Sexual Harassment?
Sexual harassment is defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Both men and women may be victims of harassment, and both may be the offenders. Sexual harassment can also happen between people of the same sex.
The harassment becomes illegal when it happens so frequently or severely that a hostile or offensive work environment is created or there is an “adverse employment decision, such as the victim being fired or demoted. Judge Vanessa Bryant, in her decision for the Echevarria case, wrote that “to prevail on a hostile work environment claim, a plaintiff must demonstrate: (1) that her workplace was permeated with discriminatory intimidation that was sufficiently severe or pervasive to alter the conditions of her work environment, and (2) that a specific basis exists for imputing the conduct that created the hostile environment to the employer.” The judge then went on to discuss the definitions of the severe or pervasive element of the plaintiff’s burden. In addition to the plaintiff only having to demonstrate the action being either severe or pervasive, not necessarily both, the judge also provided the “sexually objectionable environment must be both objectively and subjectively offensive, one that a reasonable person would find hostile or abusive, and one that the victim in fact did perceive to be so.”
Though sexual harassment can happen to anyone, we more often hear about female victims. In fact, in 2014, only 17.4% of sexual harassment claims filed with the EEOC were by men.
How to Report Sexual Harassment
There are five ways to report Sexual Harassment to the EEOC: online, in person, by telephone, at a state or local fair employment practice agency (FEPA), or by mail.
Through the EEOC Public Portal, a complaint may be submitted and then an interview conducted to determine whether the EEOC is the best agency to handle your situation.
You may also schedule an in person appointment online through the EEOC Public Portal, or go to an office for a walk-in appointment. The EEOC advertises the in person appointment as the best way to discuss your concerns and determine whether making a complaint is the best option for you. When going to an in person appointment, bringing any information or papers relating to your case and employment is recommended. You may also bring anyone to the meeting including language interpreters and lawyers, if necessary.
Charges are not taken over the phone, but the determination process can be started over the phone by calling 1-800-669-4000.
In addition to the foregoing options, you may also find a state of local FEPA to file your complaint. Many FEPAs have work share agreements with the EEOC, so that when you file with either the FEPA or EEOC, the complaint is also automatically filed with the other agency, so that you are protected both federally and at the state level.
Finally, a complaint may be filed by mail if you have 60 days or fewer to file a timely charge. You may send a letter that includes the following information:
- Your name, address, email, and telephone number
- The name, address, email, and telephone number of the employer or coworker you want to file your charge against
- The number of employees employed there (if known)
- A short description of the actions you believe were discriminatory (harassed, demoted, fired etc.)
- When the discriminatory actions took place
- Why you believe you were discriminated against
- Your signature, without a signature EEOC cannot investigate.
Why Many People Fail to Report Sexual Harassment
According to a report by the Harvard Business Review, “71% of women do not report sexual harassment and far fewer bystanders report harassment that they have witnessed.”
Many people claim that they did not report the harassment they suffered immediately, because they feared retaliation. In fact, research has found that often time, there is a level of retaliation against victims by the harasser or the organization, sometimes in the form of write ups for minor infractions, demotions, and even firings. Many women, in male dominated field sometimes also feel that tolerating the harassment is what will get them ahead in their fields, despite the subjugation of women in the office is a way for the men to relate to one another, prove their masculinity, and reinforce women’s low status. A software engineer named Betty, told the Harvard Business Review “I had a guy ask me if I had work done up there. . . I learned to respond kind of with a funny thing. I said, ‘I sure have. I just had a crown and a root canal last week.” Bystanders are also hesitant to report because the presence of others sometimes makes people think another person witnessing the harassment will report it or sometimes bystanders fail to report in favor of maintaining the status quo.
There are many reasons people fear to make complaints of sexual harassment and will instead delay the report. In the recently decided Echevarria v. Utitec, the plaintiff said she delayed her report of sexual harassment to her company’s human resources department because she “did not want to be a burden to [HR] and she [tried] to take care of the problem herself.” Despite the valid fears, victims of sexual harassment should report when they have been violated and seek help sooner rather than later.
If you are an employer or an employee, who feels they are a victim of sexual harassment, and are seeking information regarding the EEOC process, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Sources:
Echevarria v. Utitec, Inc., 2017 U.S. Dist. LEXIS 159721, 2017 WL 4316390
