Dear Nieces of Mine,
So you’ve got your first job, have you? You’ve decided to step out into a world filled with sexual harassment in the workplace, workplace bullying, useless HR departments, managers that ARE the harasser, customers that are gross, and all the other bits of employment trauma I see on a daily basis? Even in spite of your uncle’s advice to the contrary?
Fine. I guess you had to do it at some point. I just didn’t realize it would come so soon. (*sob*)
Anyway. I’m all fine here, situation normal.
But as you begin your journey into the workforce, I wanted to share with you some thoughts I’ve had about what to expect in your new job. Because oftentimes we accept what we don’t have to just because we don’t know what the baseline normal actually is. For people your age, you may not know what your rights are in the workplace. You will probably get little to no training on harassment or discrimination or how to report it. You may not know what is legally allowed or what is appropriate to complain about. You may think you have to put up with certain conduct just to keep your job.
So that’s what this post is about.
Sexual Harassment in the Workplace is Never Okay, No Matter Who Does It to You
Sexual harassment is any conduct that another person directs towards you that is of an unwanted sexual nature. The more obvious examples are when a co-worker, manager, or customer physically touches you without your consent. Groping, slapping your butt, rubbing their bodies against you as they pass by, are all forms of sexual harassment, as well as forms of criminal assault. If the harassment is severe or pervasive (i.e., really bad or all the time), then it can create a hostile work environment. [Read More: What is a Sexually Hostile Work Environment in SC?]
Other examples of sexual harassment come in the form of verbal comments. If a co-worker, manager, or customer makes an explicit sexual comment or joke to you, that’s harassment. If they repeatedly ask you out on a date even after you repeatedly say no, that’s harassment. Dirty talk and sexual jokes in the workplace, even if not directed towards you, can be sexual harassment. Often that type of talk is designed to test your reactions and see how you respond. They’re evaluating potential victims.
Sexual harassment by a customer is still unlawful harassment that your employer is obligated to address and prevent. If you have a customer that comes in often and makes comments, asks for dates, wants your phone number, or seems to be stalking you, then that is harassment.
Sexual harassment by a manager is very hard to deal with. [Read More: Sexual Harassment By a Manager Versus By a Co-Worker] You may feel like you would risk your job if you protest. You might feel obligated to laugh at the dirty jokes, even if you don’t find them funny and are made uncomfortable by them. You know the manager controls your hours, your pay, and your environment at work. Maybe the manager explicitly says or implicitly implies that he can give you better hours or better pay if you’ll just go on a date with him. [Read More: Quid Pro Quo Sexual Harassment for SC Employees] But any unwanted sexual conduct by a manager is still sexual harassment and needs to be addressed.
MOST IMPORTANT: Sexual harassment is never okay. It is never normal. You should never have to “deal with it” in order to do your job. You have a right to a harassment-free working environment.
So now we get to the next question: How do you make a complaint?
Who to Report Wrongful Conduct To (and When)
Obviously, you can always call me. As your uncle, I might even waive my consultation fee.
Second step: You report the harasser. [Read More: Making Sexual Harassment Complaints in South Carolina]
If the harasser is a co-worker, then you can report the harassment to the highest manager at your location. If you don’t feel comfortable with that person, you can contact the Human Resources department. Companies should have that information posted somewhere in the store. Check out any bulletin boards or posters in the office or break room. You want to find the number for the corporate offices or for HR. Check your employee handbook, if you received one. Hotline numbers are often located there for you to call and report harassment.
Written complaints are better than verbal complaints only. Why? Because if your complaint is not in writing or recorded, then the company will almost certainly deny (1) that you ever complained and (2) that you complained about harassment specifically. If you can get a phone number or email, then start with a written complaint, every time. If the company tries to fire you in retaliation, I want to make darn sure that you made what we call a “protected complaint” about the harassment.
In the protected complaint, you need to be specific. Vague comments about “wanting to talk” don’t qualify. You need to mention the harassment being about sex (or race or religion or disability, whatever it is) and who the harasser is. You need to ask for the company to make sure the harassment stops. If you speak to someone from management or HR on the phone or in person, you should follow up with a text or email to that person summarizing everything you talked about. That way there’s no confusion about what you did or did not complain about.
But once you’ve made your complaint about sexual harassment in the workplace, isn’t there a possibility that the harasser or the company might come back at you?
Retaliation for Making a Sexual Harassment Complaint is a Very Real Thing You May Face.
Absolutely, you may face retaliation for your protected complaint. Retaliation is one of the most common employment claims I deal with. Often, how a company reacts to the complaint what creates a stronger employment claim for me to handle. [Read More: Retaliation for Participating in a Sexual Harassment Lawsuit]
Once you’ve made a “protected complaint” (i.e., a complaint that is specifically about the harassment or discrimination based on your age, race, sex, national origin, religion, or disability), then the company cannot lawfully fire you, demote you, suspend you, or otherwise negatively impact your pay and job BECAUSE OF your complaint. A company that takes what we call “adverse employment actions” against you is liable to you for unlawful retaliation. It’s against the law, period. The company is required to take prompt action to stop the harassment and to investigate the allegations.
How does this manifest itself? The harasser may learn that you reported him to HR. The harasser will feel some kind of way about this report. If it’s a co-worker, you may be facing retaliation from the co-worker in the form of bullying, name calling, vandalism of your personal items stored in a locker, or direct threats. Again, report anything of the sort to management and HR in writing promptly.
If your manager is the harasser, then the manager may attempt to intimidate you, cut you out of meetings or conversations, start rumors with co-workers, harass you again, change your hours or duties, or alter your pay. Report it to HR immediately.
The company must investigate your complaint. But the company may decide that you haven’t been there long enough to be important. It’s harder to replace a store manager than an hourly employee. It would be too much disruption. He’s been there longer. Whatever the reason, the company decides that you are the troublemaker and will the one punished or fired instead. This is textbook retaliation, and the company has violated state and federal law.
Takeaways for South Carolina Nieces (and Nieces Everywhere, Too)
I’ll talk more in a later post about other workplace violations you need to be aware of. But for now, I want you to keep just a few key points in mind as you head back into work.
- Consent matters, just as much in a workplace as it does everywhere else.
- You don’t have to put up with any form of sexual harassment in the workplace. Period.
- Report harassment in writing to HR or management. Do it promptly, and do it specifically.
And, as always, let everyone you work with that you uncle is a South Carolina employment lawyer, who has nothing better to do than sit at the office, polishing not his guns, but rather polishing his demand letters, EEOC charges, reports to law enforcement, and drafts of sexual harassment lawsuits.
Good luck, kiddos. We’ll talk later.
