Reporting Sexual Harassment To Your Employer
Should You Report Sexual Harassment to Your Employer?You can bring legal action for sexual harassment anytime, with or without reporting it internally to your employer. There are, however, good reasons to make the internal report. First and foremost, it is possible that someone in the company will take action and resolve the situation once they know about it. Second, your employer is not legally responsible for the behavior until they are made aware of it. Finally, if you are worried about retaliation or reprisal from the person who is harassing you, a formal report can protect you from those actions.
Sexual Harassment Policies: How to ReportMassachusetts law requires all employers to have harassment policies in place, including a system for reporting and investigating complaints. You should be able to find these policies in the employee handbook, or ask for a copy from someone in Human Resources.
Despite the fact that they are required to, some employers do not have written policies. You should know that not having a policy, or having one and not following it, could expose the company to punitive damages if you prevail in a sexual harassment lawsuit. In the meantime, if you can't find a policy and there is no human resource department, you can bring your report to anyone in management. You should never have to address your issue directly with the person who is harassing you, even if that person is your direct supervisor or the owner of the company. Your Rights Against Retaliation and ReprisalMaking an internal report of sexual harassment is a protected activity under state and federal discrimination laws. This means that your employer is not allowed to take adverse action against you (i.e., termination or demotion) in retaliation for making the complaint.
Your rights against retaliation do not depend on whether the behavior is ultimately found to be unlawful. So long as you have a "reasonable good faith" belief that the conduct was sexual harassment, you are protected from reprisal for making the complaint. |
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Your Rights to an Impartial Investigation
Once management is aware of your complaint, there are certain steps they must take.
They must gather information from you in a safe and confidential manner. This means, among other things, that you should not be required to confront your harasser directly, and that the company should not disclose the substance of your report except as needed to conduct the investigation.
The investigation must be conducted in a fair and prompt manner, and should be thorough and impartial. There is no precise definition of "fair" and "prompt," but a harassment complaint should not be allowed to sit for weeks at a time without action. The person investigating should not be implicated in your complaint at all, and that person should make sure to interview all people with knowledge.
They must gather information from you in a safe and confidential manner. This means, among other things, that you should not be required to confront your harasser directly, and that the company should not disclose the substance of your report except as needed to conduct the investigation.
The investigation must be conducted in a fair and prompt manner, and should be thorough and impartial. There is no precise definition of "fair" and "prompt," but a harassment complaint should not be allowed to sit for weeks at a time without action. The person investigating should not be implicated in your complaint at all, and that person should make sure to interview all people with knowledge.
Your Rights if the Investigation Finds Sexual Harassment
If the conclusion of the investigation is that sexual harassment did occur, you should be prepared to discuss with the company how to address it. Sometimes the harasser will be terminated, but this is not always the case. The company may propose transferring either you or the harasser to a different department or division. Whatever the outcome, it should not be detrimental to you.
If you have been offered a resolution that you are not comfortable with, or that you feel punishes you in some way for reporting the harassment, you should contact an employment lawyer to discuss your options.
If you have been offered a resolution that you are not comfortable with, or that you feel punishes you in some way for reporting the harassment, you should contact an employment lawyer to discuss your options.
Your Rights if the Investigation Does Not Find Sexual Harassment
Often, a company's internal investigation will not clearly conclude that harassment has occurred. This doesn't mean they are right, and does not preclude you from taking legal action against the company. You can also still request that the company take some action to address the behavior, even if they do not think it was actionable harassment.
Remember, too, that you are protected from retaliation even if they found no harassment. If you are terminated, demoted, or transferred to a less desirable location or role after the investigation is completed, you should speak with an employment lawyer about whether you have a claim for retaliation.
Remember, too, that you are protected from retaliation even if they found no harassment. If you are terminated, demoted, or transferred to a less desirable location or role after the investigation is completed, you should speak with an employment lawyer about whether you have a claim for retaliation.
Your Right to Bring a Legal Claim for Sexual Harassment
Whether you report the harassment internally or not, and whatever the outcome if you do, you have a right to bring a legal claim against your employer if you believe you have been sexually harassed.
Because harassment is considered under the law a form of discrimination, the complaint must first be brought in either the Massachusetts Commission Against Discrimination ("MCAD") or the federal Equal Employment Opportunity Commission ("EEOC"). The statute of limitations for these claims is 300 days from the discriminatory or retaliatory act, so you should not delay in seeking an attorney if you want to pursue a claim.
Because harassment is considered under the law a form of discrimination, the complaint must first be brought in either the Massachusetts Commission Against Discrimination ("MCAD") or the federal Equal Employment Opportunity Commission ("EEOC"). The statute of limitations for these claims is 300 days from the discriminatory or retaliatory act, so you should not delay in seeking an attorney if you want to pursue a claim.
How We Can Help
If you have reported sexual harassment or are considering it, we can help. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
