Sexual harassment is a form of unlawful sex discrimination. Employees do not have to tolerate it, and employers have legal duties to prevent and correct it. Knowing the steps can help you protect yourself.
What counts
- Unwelcome sexual advances, requests for favors or sexual comments.
- Offensive jokes, images or messages.
- Quid pro quo demands, where job benefits depend on submitting.
- A hostile work environment that is severe or pervasive.
- Harassment by supervisors, coworkers, clients or contractors.
How to report
- Document what happened with dates, details and witnesses.
- Check your employer's policy and report in writing to HR or the designated contact.
- Keep a copy and note the date.
- If the problem continues or the response is inadequate, consider an agency charge.
- Seek legal advice about your options.
What employers must do
Employers must take reasonable steps to prevent harassment, investigate complaints promptly and impartially, and take corrective action. Many states require harassment prevention training. Employers cannot punish employees for reporting.
Agencies and deadlines
You may file a charge with the EEOC or your state agency, usually within 180 or 300 days of the conduct. Filing is generally required before suing under federal law. State deadlines and procedures may differ.
Retaliation protections
It is illegal to fire, demote or otherwise punish someone for reporting harassment or participating in an investigation. Document any changes in treatment after you report.
Safety and support
Your safety and well-being come first. Consider confidential support, counseling or a hotline, and ask HR about interim measures such as schedule or reporting changes. You are not at fault for what happened.
Possible outcomes
Outcomes can include corrective action, training, reassignment, discipline of the harasser, settlements and, in some cases, damages. A lawyer can explain realistic options and the effect of confidentiality or arbitration terms in agreements.
Real-life scenarios
- An employee reports a supervisor in writing and HR opens an investigation.
- A worker files an agency charge after the company fails to act.
- An employee documents retaliation after reporting and consults a lawyer.
Common mistakes to avoid
- Not documenting.
- Reporting only verbally.
- Missing filing deadlines.
- Signing agreements without advice.
- Confronting the harasser alone in an unsafe way.
- Deleting messages.
Questions to ask a professional
- How do I report under our policy?
- What deadlines apply?
- Do I have an arbitration agreement?
- What interim protections can I request?
- How do I address retaliation?
A practical action plan
- Write down what happened.
- Report in writing.
- Save evidence.
- Track the employer's response.
- File a charge or consult a lawyer.
Terms you may hear
- Quid pro quo: harassment tied to job benefits.
- Hostile work environment: severe or pervasive harassment.
- EEOC charge: a formal complaint to the federal agency.
- Retaliation: punishment for reporting.
- Arbitration agreement: a term requiring private dispute resolution.
What to include in a written complaint
State what happened, when and where, who was involved and any witnesses, and say that you are reporting sexual harassment and asking the company to investigate and take action. Attach relevant messages. Keep the tone factual and keep a copy.
During and after an investigation
Cooperate, answer questions truthfully and ask about interim protections such as schedule changes. Ask when you can expect a decision and request a written outcome if possible. Document any changes in treatment, which may indicate retaliation.
Looking after your wellbeing
Harassment can affect health and work. Consider counseling, a trusted friend or advocate and, if appropriate, medical care. Keep records of treatment, since they can also support a claim for harm if you pursue one.
Frequently asked questions
Do I have to report to HR first?
Often it is wise, though you may file an agency charge directly.
Is one incident harassment?
A single serious incident can be, depending on facts.
Can I be fired for reporting?
No, retaliation is illegal.
What is the deadline?
Commonly 180 or 300 days to file an EEOC charge.
Can I be harassed by a client?
Employers can be responsible for failing to address harassment by non-employees.