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Sexual harassment at work creates an intimidating, hostile, or offensive work environment, sometimes leaving employees uncertain about how to address the misconduct without jeopardizing their careers. Reporting sexual harassment at work can be a difficult decision, particularly when you are concerned about your job security, professional reputation, or how your employer will respond.
While employers have a responsibility to address unlawful harassment, employees may encounter inadequate investigations, dismissive responses, or retaliation after reporting inappropriate conduct. Whether you have already submitted a complaint or are considering speaking up, understanding your rights and what to expect from the reporting process can help you protect yourself.
Knowing how to navigate the reporting process, document your experiences, and recognize potential violations of your rights is essential when confronting sexual harassment in the workplace.
Documenting Your Sexual Harassment Complaint
If you have experienced sexual harassment at work, maintaining a detailed record of the misconduct and your employer’s response can be important to protecting your rights.
Document the incidents that led to your complaint, including dates, locations, individuals involved, and any witnesses. Preserve relevant emails, text messages, performance evaluations, and other communications that may help establish what occurred. Follow all company policies and any confidentiality agreements. Do not improperly access, copy, or remove information you are not allowed to have.
When submitting a formal complaint, consider doing so in writing and retaining a copy for your records. Clearly describe the conduct you experienced and identify the individuals involved.
If you have already reported the harassment verbally, a written follow-up can help establish when your employer became aware of the misconduct and what information you provided.
Understanding What Happens After You Report Sexual Harassment
After receiving a sexual harassment complaint, your employer should take appropriate steps to investigate the allegations and address unlawful misconduct.
An investigation may involve interviewing you, the individual accused of harassment, and any witnesses with relevant information. Your employer may also review workplace communications, personnel records, and other evidence.
While employers may need to maintain confidentiality regarding certain aspects of an investigation, you can request updates about the status of your complaint and any steps being taken to address the situation.
However, not every investigation results in meaningful action. Some employees find that their complaints are dismissed, the harassment continues, or their employer fails to implement appropriate corrective measures.
If your employer fails to address your concerns, documenting its response and seeking legal guidance can help you evaluate your options.
Recognizing Retaliation After Reporting Sexual Harassment
One of the most significant concerns employees face when reporting sexual harassment is the possibility of retaliation.
Retaliation may involve termination, demotion, reduced hours, unfavorable assignments, or sudden negative performance evaluations. It can also take less obvious forms, such as exclusion from important meetings, increased scrutiny, or changes to your responsibilities.
Under Minnesota and federal law, employees are protected from unlawful retaliation for reporting sexual harassment, opposing discriminatory employment practices, or participating in a discrimination investigation.
If you notice changes in how you are treated after submitting a complaint, document those changes. Retaliation may give rise to a separate legal claim.
Exploring Your Legal Options When Your Employer Fails to Act
If your employer ignores your sexual harassment complaint, fails to stop the misconduct, or retaliates against you for speaking up, you may have grounds to pursue legal action.
Depending on your circumstances, you may be able to file a discrimination charge with the Equal Employment Opportunity Commission (EEOC) or an applicable state or local agency.
Strict filing deadlines may apply, and pursuing an internal complaint does not necessarily extend the time available to file an external charge.
An employment attorney can review your complaint, assess your employer’s response, and help determine whether your rights have been violated.
Protecting Your Rights After Reporting Sexual Harassment
Reporting sexual harassment should not mean sacrificing your career, financial security, or right to a workplace free from unlawful misconduct.
At Nichols Kaster PLLP, we represent employees who have experienced sexual harassment, discrimination, and retaliation. Our attorneys understand the challenges workers face when standing up to powerful employers, and we are committed to holding employers accountable when they violate employees’ rights.
If you have reported sexual harassment and believe your employer has failed to take appropriate action, our team can help you understand your legal options and determine how to move forward.