Sexual harassment in the workplace is a distressing and deeply unsettling experience. It can leave victims feeling disrespected, unsafe, and unsupported. For many employees, reporting such incidents to their Human Resources (HR) department is the logical first step. But what happens if your workplace doesn’t have an HR department?
Smaller companies, startups, or certain industries may lack an HR structure, creating additional complexity for employees who need to report harassment. It may even surprise you to hear that some of the biggest enterprise companies have no HR department, as many as 26%.
However, not having an HR department does not mean you’re out of options. The sexual harassment attorneys at Barrett & Farahany outline the steps victims can take to protect themselves and seek justice.
Immediate Actions to Take
Taking immediate action after experiencing sexual harassment is essential. It not only helps address the issue but also ensures you document everything for future use.
1. Reporting to Management
Report to a supervisor or manager: In place of HR, escalate the matter to your supervisor or any manager with decision-making authority. Provide clear details about the incidents, including dates, times, witnesses, and a description of the inappropriate behavior. Be factual and concise to avoid ambiguity.
What if the harasser is your supervisor? If your harasser is in a position of authority, report the behavior to someone higher up in the organization, such as a senior manager, the CEO, or the business owner. Many companies have designated management members who handle complaints when HR is absent.
2. Document Everything
Keep detailed records: Write down every incident of harassment, including dates, times, locations, and whether there were witnesses. Record what was said or done and how it made you feel. This documentation will be crucial if you choose to escalate the issue externally.
Consider recording conversations (if legal): If you live in a state with one-party consent laws, you may legally record interactions with the harasser. For example, Alabama and Georgia allow for you to record conversations without the other participant(s)’s consent, while Illinois does not. Check your state’s laws before doing this, as recording without consent may not be permissible in some jurisdictions.
Save any supporting evidence: Maintain copies of emails, text messages, or any other communication that demonstrates harassment. Keep this evidence stored securely outside of your workplace.
3. Check Company Policies
If your company has a written harassment policy in an employee handbook, refer to it to understand the reporting process. Some smaller organizations may handle complaints through senior management even without a formal HR structure.
Reporting to External Authorities
If internal reporting does not resolve the situation, or if you feel unsafe relying on your company to address the issue, external reporting becomes critical. Our sexual harassment attorneys can help you with seeking a resolution to this issue.
File a Complaint with the EEOC
The Equal Employment Opportunity Commission (EEOC) investigates workplace harassment and discrimination complaints. Filing a complaint with the EEOC may lead to an official investigation.
Here’s how to proceed with the EEOC:
- Contact the EEOC to initiate a charge of discrimination.
- Provide detailed evidence, including your documentation of incidents.
- Cooperate with the investigation.
Note that there is typically a strict deadline for filing a complaint, often 180 days from the date of the last incident.
Prevention and Education
Understanding sexual harassment and its implications is key to fostering safer work environments.
1. Recognizing Sexual Harassment
Sexual harassment includes unwelcome behavior such as offensive jokes, inappropriate touching, sexual advances, or coercion. It can also involve a hostile work environment where inappropriate conduct pervades the workplace.
Be aware of the signs and educate yourself about how to identify harassment. This knowledge builds confidence in addressing and reporting incidents.
2. The Role of Bystanders
Bystanders play a crucial role in preventing harassment. Those who witness inappropriate behavior should feel empowered to intervene safely or report the incidents to management.
Workplaces that encourage open communication and accountability can help prevent harassment before it escalates.
Legal Support and Remedies
If internal and external reporting doesn’t resolve the issue, or if you experience retaliation, legal action may be the next option.
How a Law Firm Can Help
Qualified employment lawyers can assist by providing the following services:
- Evaluating the strength of your case.
- Filing complaints with the EEOC or your state’s employment security department.
- Litigating against the employer or perpetrator if necessary.
- Protecting you against employer retaliation, which is illegal under federal law.
Firms like Barrett & Farahany have decades of experience in representing harassment victims and ensuring they receive justice.
Legal Remedies Available
Victims of workplace harassment may be entitled to the following remedies:
- Compensation for lost wages or emotional distress.
- Reinstatement if they left their position due to harassment.
- Enforcement of anti-harassment policies within an organization.
Take Action and Seek Support
Experiencing sexual harassment is never acceptable, and no one should feel silenced simply because their workplace lacks an HR department. By following the steps outlined in this guide, victims can take control, protect their rights, and seek justice.
Remember, you are not alone. The skilled sexual harassment attorneys from Barrett & Farahany are available to help to help you through this difficult time. Don’t hesitate to contact us to schedule a consultation.
