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Reporting Sexual Harassment to Upper Management

Understanding Sexual Harassment in the Workplace

Does your supervisor tell you how wonderful you look, or how you two would make a great couple? Maybe your supervisor is more explicit and makes sexual references in the workplace. These types of actions and many others can constitute sexual harassment in the workplace. The challenge for you is deciding what to do when you are being harassed.

The Fear of Reporting and Its Consequences

For fear of losing your job, you may be afraid to report the harassment to your employer. While you may think this is a prudent decision, you may lose the opportunity to challenge any adverse decision that occurs as a result of the harassment.

The Importance of Using Employer Complaint Procedures

Employers have a shield against a failure to remedy sexual harassment. If the employer has a complaint procedure and the employee fails to report harassment, the employer is not liable for sexual harassment. Almost every employer has a sexual harassment policy, which will most likely include a complaint procedure. The procedure can be as simple as identifying a person to contact with complaints of sexual harassment. Your failure to take advantage of this procedure can have a number of practical effects on your career and job status.

Potential Outcomes of Not Reporting Harassment

A few months after the harassment begins, your supervisor gets tired of your continued rebukes and fires you. Seems like you would have a strong suit against the employer, but if you did not report the harassment, the employer would not be liable. In another scenario, if the sexual harassment caused your job performance to suffer, your employer may fire you, unaware that your reduced performance is a result of sexual harassment. Even in this latter scenario, the employer would not be liable if you did not report harassment.

How to Proceed If You’re a Victim

If you were a victim of sexual harassment and you’re not sure how to proceed, contact the Law Offices of John J. Zidziunas & Associates for help. Our experienced New York & New Jersey sexual harassment lawyers can help you file a complaint with your employer, start a lawsuit, and protect your rights. For further information, please feel free to Contact Us.

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