If you believe you are being sexually harassed at work, the first step is figuring out whether the conduct you are experiencing meets the legal definition of harassment. The best way to do this is by speaking with an employment attorney, but the steps outlined below can help you get started.
Many employees hesitate to report because they are not sure their situation “counts.” Understanding what to look for can help you decide what to do next.
Ask Yourself These Questions.
Before deciding how to move forward, it may help to think through a few basic questions about what you are experiencing.
Is the Conduct Unwelcome?
Sexual harassment centers on conduct that is unwanted. This can include sexual comments, touching, jokes, or requests that continue after you have made clear, directly or indirectly, that they are not welcome. You do not need to have formally objected in writing for the conduct to count as unwelcome.
Is It Based on Sex?
The conduct does not need to be overtly sexual to qualify. Harassment based on sex can also include demeaning comments about your gender, exclusion from opportunities because of your sex, or being treated differently after rejecting advances.
Is It Severe or Frequent?
A single offensive joke may not meet the legal standard on its own, but a pattern of repeated comments, touching, or pressure often does. In some cases, one incident can be serious enough by itself, such as physical assault or an explicit threat tied to your job.
Is It Affecting Your Work?
Ask yourself whether the conduct is making it harder to do your job, whether you dread coming to work because of it, or whether you have changed your routine to avoid a particular person. These effects can support a claim, even if you have not lost pay or been disciplined.
Common Situations That May Qualify
Employees sometimes overlook conduct that could support a legal claim. Examples that may qualify include:
- Repeated comments about your appearance or body after being asked to stop
- A supervisor implying that a promotion or good performance review depends on going out with them
- Explicit jokes, images, or messages shared at work, even if not directed at you specifically
- Being excluded from projects, meetings, or opportunities after rejecting advances
- Pressure to overlook or laugh off conduct that makes you uncomfortable
Harassment can come from a supervisor, a coworker, or even someone outside your company, such as a client, patient, customer, or vendor. It is not limited to conduct from someone in a position of authority over you.
Kennedy Law helps employees across Western Pennsylvania sort through situations like these, especially when it is unclear whether what happened rises to the level of a legal claim. Attorney Nicholas Kennedy reviews the specific facts of each situation rather than applying a one-size-fits-all standard. The sexual harassment page at Kennedy Law offers more detail on how these evaluations work.
Why It’s Worth Talking to Someone, Even If You’re Not Sure
Many employees wait to say anything because they worry the conduct is not “bad enough” or that they will not be believed. A few things worth keeping in mind:
- You do not need to have already reported the conduct internally to speak with an attorney.
- You do not need physical proof or a witness for a conversation to be worthwhile.
- Even if you went along with the harassment out of fear of losing your job or experiencing other types of retaliation, you may still have a legal claim.
- Waiting can make it harder to remember details clearly or to meet legal deadlines.
- A confidential conversation with an attorney does not commit you to pursuing legal action against your employer.
Mr. Kennedy takes the time to listen to the full picture of what an employee has experienced before offering guidance on next steps. This approach reflects the firm’s focus on personalized attention for each client.
What to Do While You Decide
While you think through your situation, a few simple habits can protect you regardless of what you decide to do next.
- Write down what happened as soon as possible, including dates and details.
- Save any related messages, emails, or documents, preserving timestamps and complete conversations when possible.
- Avoid confronting the person involved on your own if you are unsure how they may react.
- Keep a private record of how the conduct is affecting your work or well-being.
These steps do not commit you to any particular path, but they may make a future conversation with HR, a government agency, or an attorney more productive.
You Deserve to Have Your Situation Taken Seriously.
If you believe you are being sexually harassed at work, your instincts are worth paying attention to, even if you are still unsure how serious the situation is. Kennedy Law will help you understand your rights and whether your experience may support a legal claim.
Contact Kennedy Law at (412) 212-6465 to speak with Mr. Kennedy about your situation or visit the sexual harassment page to learn more.
This blog post is for informational purposes only and does not constitute legal advice. Results depend on the specific facts of each case, and past outcomes do not guarantee future results.