Most people know that sexual harassment in the workplace is prohibited. Those who engage in it generally either don’t consider what they’re doing to be harassment or believe they can get away with it.
What fewer people – including too many employers – don’t realize is that employee sexual harassment doesn’t have to occur in the workplace. These days, it’s not uncommon for it to occur via text, email or social media interaction.
It can also occur in real life, but outside the workplace. This can include off-site social gatherings, conferences, company picnics, an employee’s wedding and more.
It doesn’t even have to occur at a company-related function. If a manager or co-worker harasses an employee at their local bar, coffee shop or dog park, that’s still considered employee sexual harassment.
In all of these cases, the victim can and should report it to their human resources department or to a manager they trust to handle the matter responsibly. Employers have an obligation to take such reports seriously, to investigate them and to take appropriate action against the harasser. If they don’t, or if they retaliate against the victim, they can be held liable – potentially facing a fine, lawsuit and other consequences
Harassment outside work can create a hostile work environment
The primary reason harassment outside the workplace is the responsibility of an employer is that it can create a hostile work environment for the victim. Even if the harasser behaves professionally at work, their mere presence can invoke anxiety, fear and anger in their victim.
This can affect their ability to do their job. It can also cause them to take steps to avoid interacting with their harasser, even if it means turning down projects and promotions. Further, if a harasser is in a position to jeopardize their victim’s job, they may do so in retaliation for being “turned down” or create a situation where the victim could appear to be an aggrieved employee falsely reporting harassment.
When someone reports sexual harassment, wherever and however it occurs, to their employer and they don’t take the appropriate steps, it may be necessary to get experienced legal guidance to seek justice and compensation.
