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Next Back to Employee Rights Resources Back to TLSC Home PageDisclaimer: The information presented in these pages is for educational purposes only, and does not constitute legal advice. Every case is different, and the correct legal answer always depends on the facts of the individual case. If you want a legal opinion about your own employment law problem, you should seek help from a licensed attorney.
This pamphlet answers basic questions about how you can respond to sexual harassment in the workplace. Important state and federal laws are designed to protect workers from sexual harassment. If you have questions about your legal rights, call the Employee Rights Project at Bexar County Legal Aid.
Any kind of unwanted and unwelcome sexual attention in the workplace -- including sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature -- is sexual harassment. Sexual harassment is illegal (1) if you must accept the behavior to keep your job, (2) if the conditions of your employment (such as pay, promotion, vacations, work schedule, etc.) depend on your accepting the behavior, or (3) if the behavior creates a hostile or offensive work environment that interferes with your ability to do your job.
There is no perfect response to sexual harassment. The best response may differ from person to person and will depend on the severity of the harassing behavior. The best response will also depend on what you want to achieve. In general, though, there are several things you can do to change your situation:
1. Tell someone.
First, tell your employer or a trusted co-worker about the harassment; don't keep it to yourself. By being quiet about the harassment, you don't help stop it. Chances are high that you aren't the only victim of your harasser. Speaking up can help you find support and can also help protect others from being victims. Also, if more than one person makes a complaint to your employer, the employer is more likely to take constructive action to stop the harassment.
2. Protect yourself.
In situations affecting your personal safety, you should take appropriate legal steps to protect yourself.
If you believe you are in danger of being attacked at work, explain your reasons for this belief to your employer in writing or in the presence of a reliable witness, ask for the employer to take immediate steps to protect you, and, if you are unable to get protection from your employer, take whatever steps are necessary to avoid being vulnerable to the harasser -- such as calling the police or going somewhere safe -- realizing that this may jeopardize your job.
If you are being followed or harassed outside the workplace by a co-worker or supervisor, you should consider filing a police report and seeking a protective order.
If you experience a rape or attempted rape, you should immediately go to a hospital emergency room and ask to be examined by a medical professional. Do not stop to change clothes or shower, and, if possible, avoid eating, drinking, or using the restroom until you have the exam. Take photos of any visible injuries, and consider filing a police report.
3. Work with your employer to stop the harassment.
If there is no apparent threat to your personal safety, you should start by confronting the harasser and talking with your employer. If you belong to a union, seek help from your union representative. If the harassment is not severe, you may be able to stop it just by talking with the harasser. Explain what bothers you and ask that the harasser stop this behavior. If this does not work, follow the steps outlined in your employer's grievance or sexual harassment policy -- or if no such policy exists, take your complaint to each level in your employer's the chain of command.
If you have been subjected to unwanted physical contact, you should immediately report the harassment to your supervisor. If your supervisor is the harasser, make the report to the next higher person in your employer's chain of command. Again, follow your employer's sexual harassment or grievance policy, if one exists. Put your reports in writing, and keep copies.
If possible, arrange for a reliable witness to be present whenever you talk to your employer about the harassment. If other employees are being harassed, go to the employer as a group, rather than individually.
4. Get things in writing.
On your own time, keep a detailed daily record of any harassing incidents and of any communication with your employer about the harassment. Put your complaints to your employer in writing, giving detailed information about dates, times, and witnesses. Save copies of your complaints and any written response by your employer. Also save copies of any papers that might help you prove that the harassment took place.
5. Protect your job.
Do not give your employer any excuse for criticizing or firing you. Try not to let the harassment interfere with your work performance. Follow all your employer's rules and procedures, keep coming to work in a timely manner, do your job, and obey reasonable orders from your supervisor.
Document your own work, since employers will sometimes defend a harasser and question your work performance instead of responding constructively to your complaint. Keep copies of performance evaluations and memos that describe the quality of your work. Keep copies of all other documentation that relates to your job, such as the employee handbook, any application you filled out, time sheets, and so forth.
6. Make a formal complaint.
If your employer refuses to do anything to stop the harassment, or if your employer retaliates against you for complaining, the next step is to file a formal charge of sexual harassment with the Equal Employment Opportunity Commission. If you file a charge with the EEOC within 180 days (approximately 6 months) from the date of the harassment or retaliation, you will preserve your rights under both Texas and Federal law. If you miss this deadline, you still have 120 days (approximately 4 months) to file the complaint under Federal law, but you will lose any protection under Texas law.
After you file the charge, the EEOC will notify your employer and will begin an investigation into the basis for your charge. Give the EEOC as much information as possible about the situation, and cooperate with all requests by the EEOC investigator who is assigned to your case. Do not wait for the EEOC to report back to you about the investigation; call the investigator regularly to find out how things are going and how you can help.
Consider hiring an attorney to help you with your EEOC complaint. If you receive a "Notice of Right to Sue" letter from the EEOC -- which is a letter telling you that you must file suit within 90 days or lose your right to go to court -- seek legal advice well before the 90-day deadline for filing a lawsuit.
No one deserves to be sexually harassed. Even if you know this, it can be hard not to blame yourself for your situation. People who have been harassed can experience depression, anxiety, shock, anger, fear, frustration, irritability, shame, low-self esteem, guilt, and a variety of other negative feelings. The anxiety and pressure you experience can even affect your physical health.
If you would like advice and support in dealing with the effects of sexual harassment, call the San Antonio Rape Crisis Center (349-7273). You can call the hotline at any time, just to talk about your situation. The Rape Crisis Center can also help you locate a counselor or other mental health professional who understands the problems caused by sexual harassment.
Equal Employment Opportunity Commission
5410 Fredericksburg Road, Suite 200
San Antonio, TX
(210) 229-4810
San Antonio Bar Association
Lawyer Referral Line
(210) 227-1853
Bexar County Legal Aid
Employee Rights Project
123 Ascot
San Antonio, TX 78224
(210) 922-5893
San Antonio Rape Crisis Center
(210) 349-7273
© 1998 Bexar County Legal Aid Association
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Next Back to Employee Rights Resources Back to TLSC Home PageThis page was last updated on: 01/03/02