Sexual harassment in the workplace can create a toxic environment, leaving employees feeling uncomfortable and unsure of how to proceed. Recognizing the signs of harassment is the first step toward protecting your rights. If you suspect you are experiencing sexual harassment at work, asking yourself the following questions can help clarify the situation and determine your next steps.
With that said, it is important to clarify this reality in one important way: Federal and state law related to sexual harassment are complex and contextual. As a result, you will want to avoid jumping to conclusions – positive and/or negative – before seeking personalized legal guidance and support.
Core concerns
Sexual harassment is broadly defined as unwelcome conduct of a sexual nature. It can also involve quid pro quo situations, where job benefits are conditioned on accepting such behavior. Harassment is generally considered illegal when it inspires a hostile work environment and/or results in adverse employment actions.
Yet, how these legal challenges play out are not always easy to perceive. Therefore, asking yourself questions that are likely to identify common sexual harassment scenarios can help to clarify whether it’s time to seek legal support or not. For example,
- Is the behavior you’re experiencing unwelcome?
- Is the behavior at issue happening repeatedly? Or is it particularly severe?
- Is a co-worker, client, vendor, etc. touching you or making advances in unwelcome ways?
- Is someone making suggestive comments about you and/or showing you explicit images?
- Do you wake up in the morning dreading work because of what you’re experiencing?
You’ll additionally want to ask yourself whether you’ve been offered job perks or threatened with negative action due to responding to sexual advances in a certain way. This kind of mistreatment does not need to be explicit to be illegal. Strong suggestions or implications could be considered quid pro quo sexual harassment under certain circumstances.
If you have answered “yes” to any of these questions, it’s important to understand that under both federal law (Title VII of the Civil Rights Act) and Indiana state law, you are protected from retaliation for reporting sexual harassment. If you’ve experienced adverse actions, such as demotion or termination, after raising concerns, this may constitute additional legal violations on the part of your employer.