ALT-2 Coping with Unsuitable Advances from a Boss
Unwanted sexual advances in the workplace are inappropriate, degrading, and illegal. A better term for inappropriate advances from your boss is called sexual harassment. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 and should not be tolerated under any circumstance.
The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) the employee's participation in the conduct or behavior is made a term or condition of the individual's employment; (2) when the employee's submission or rejection of the conduct is used as a basis for employment decisions that affect the individual; (3) when the conduct or behavior interferes with the employee's work performance; or (4) when the conduct creates an intimidating, hostile, or offensive work environment.
A few of the most common examples of sexual harassment are discussing sexual activities, unnecessary touching, telling dirty or off-color jokes, discussing physical attributes, using inappropriate names such as Doll or Sweety, showing sexually suggestive or pornographic pictures, using offensive or crude language, and physical abuse. It is also considered sexual harassment to make nasty comments about a person based on their gender.
If you are unfortunate enough to find yourself in the situation where you are receiving unwanted sexual advances or other forms of sexual harassment from your boss or any co-worker, then there are actions you need to take. At the time of the offense, you should look around to see if there were any witnesses and make a mental note. Immediately, you should confront your boss and tell them that you are offended by their behavior and warn them to not do it again. Walk away from your boss and grab a pen and paper. Document the time and date, the nature of the offense, list any witnesses, note the location where you were standing at the time of the offense, and any other details you can recall. Don't forget to write down exactly what you said to your boss as well. It is especially important to document the time, date, and location if you work in a place where the offense can be reviewed on video.
In some cases, once you confront your boss they will stop the behavior because they are either afraid of you taking legal action against them or they are genuinely sorry that their behavior was offensive. Sometimes people say or do things that are inappropriate without meaning to offend. If this is the case, then sometimes you are best to let it go. Just be sure to put your documentation in a safe place just in case your boss should make inappropriate advances in the future. However, depending on the severity of the offense, you can possibly pursue legal action after the first inappropriate conduct.
If you do not wish to pursue legal action initially, but you are afraid that your boss will harass you again, then you should file a complaint with your human resources department, your corporate office, or your boss's immediate superviser assuming that your boss is not head of the company. Be prepared to answer some potentially embarassing questions during the "case investigation" once you file a complaint with your employer. Just answer their questions honestly and don't leave out any details. Be sure to keep copies of any documentation you provide during your complaint and/or investigation. Also write down the names of anyone who contacts you regarding the complaint and make note of the date, time, and method of contact such as phone call, email, letter, or face to face encounter.
It is important that you keep accurate documentation so that you will have evidence to present to your attorney should the need for legal action arise. The more detailed your records, the better chance you have at proving your case.
There are also actions you can take to possibly prevent sexual harassment. You should never flirt or drop hints of a sexual nature to your boss unless you are prepared for the consequences. Keep in mind that it is possible for employers to file sexual harassment cases against employees as well. Don't be overly affectionate toward anyone at work. Keep things on a professional basis. Don't misunderstand me, I'm not suggesting that all employees who are sexually harassed have said or done something to encourage the behavior. I'm just saying that an ounce of precaution can go a long way.
If you are harassed by your boss and the behavior doesn't stop after the first warning, then take whatever action is necessary to make the behavior stop. If your boss is physically hurting you, then defend yourself. Boss or no boss, no one has the right to assault another person. Treat them as you would any predator attacking you on the street, which means kicking, hitting, scratching, or any other method you can use to get away. Once you get away to safety, then seek medical treatment if necessary. Of course, you are to call the police as soon as you are physically able. File a report and press charges for assault. Once you have done this, your boss will likely be placed under arrest. In this type of extreme case, you should of course contact your human resources office or someone who is over your boss in the company and fill them in on the basic details. Do not return to work until it is safe to do so.
Any time you file a sexual harassment complaint with your employer, whether the offense is verbal or physical, and you do not feel that your employer is taking your complaint seriously, doesn't resolve your issue, or doesn't take all necessary actions to make it possible for you to return to work in a non-hostile work environment, then you should contact an attorney.
If you don't know a good attorney who practices employment law, then check with your local bar association. You can also find a lot of great information about attorneys in your area through the internet. Lawyers are there to help you. If you call around, you will likely be able to find an attorney who will take your case on contingency. This just means that the lawyer will not collect any money from you unless you are awarded money from the case. This is often the best route to take since legal fees can be quite expensive.
In summary, sexual harassment is illegal. If you are a victim and are not able to resolve the issue immediately, then seek help from either someone higher up in the company or a lawyer. There are laws to protect you from sexual harassment and lawyers who will help protect your rights if necessary.
