Experts weigh in on what constitutes sexual harassment in the workplace
When it comes to sexual harassment in the workplace, people often question where the line is drawn between letting something go and taking action by going to higher authorities.
Sexual harassment in the workplace is common and something Wake Forest Law Professor Wendy Parker said has been happening for decades.
Title VII defines what sexual harassment is, according to the law.
Parker said in order to be considered sexual harassment, the conduct has to be severe or pervasive enough that it affects the terms or conditions of employment.
“Meaning it’s something that affects your ability to be promoted, your ability to get job responsibilities, to get a raise," she said. "Not things that are minor like someone may have rubbed you the wrong way.”
She said it’s also important to consider who is harassing the victim, whether it’s a supervisor, a co-worker or a customer.
In terms of when you should go to HR, Parker suggests looking at the company guidelines to understand their policy. If it’s not clear or if you can’t access that policy, go to HR directly. It’s important to speak up if the harassment is bothering you at work and making it difficult for you to do your job.
“The legal system is messy, it’s expensive, it’s sort of the last thing anybody would wish for someone else is to have to be a plaintiff in a lawsuit, but for anyone who doesn’t think their HR department is taking them seriously, I would certainly recommend they consult a lawyer immediately,” Parker said. “This isn’t something you can say, oh I’ll see how I feel in about six months. It’s something you need to get help with immediately.”
If you want to sue your employer in North Carolina for sexual harassment, you have 180 days after the last alleged act to file a charge with the Equal Employment Opportunity Commission.
Many times, victims in these cases wait months, sometimes years, before coming forward with their story.
Christine Murray, an Associate Professor in the Counseling Department at UNC Greensboro, said it may seem like there have been a lot more cases of workplace harassment in the news lately and it’s not necessarily because it’s happening more often, but rather because victims feel more empowered now to come forward.
Murray credits a change in culture for why victims feel more comfortable sharing their stories, but there are still many reasons why a victim may wait to come forward.
Murray said victims can feel embarrassed, isolated, threatened by the person who is harassing or abusing them. They can feel like it’s their fault or they may not know where to turn for help. A victim may not recognize that their experience is considered abuse because of a lack of education about what constitutes abuse or harassment.
Murray said it’s normal for victims not to report their experiences right away and that’s their choice.
“Sometimes people like to work on things privately before sharing publicly, that might look like going to see a counselor or working with their faith or beliefs,” she said.
Advocates remind victims that if you need help, there are resources available all across the Triad, including Family Services of Forsyth County and the Family Justice Center in Guilford County.