If you’re the victim of workplace sexual harassment, you should file an internal complaint about the incidents. You may dread talking about what you’ve endured, including assaultive behavior, degrading actions, and foul language. You may fear retaliation in response, but the reality is, to best protect your legal and human rights, you must file a complaint where you work.

Anti-discrimination laws have been interpreted by the NJ courts as requiring harassment victims to officially put the employer on notice of the problem, unless the harassment is perpetrated by higher-level personnel or is so obvious and widespread that management must be aware of the problem. To protect your rights in the best way possible, it would be wise to file a complaint even under aggravated circumstances, to prevent the employer from denying knowledge of the issue.

The results of your grievance may not be what you expect:

• Your harasser may have caused a number of past problems and your complaint is what they may use to finally nail him.
• Your employer may feel a need to protect the harasser, not undertake a valid investigation and find fault with you. This is legally actionable.
• Your employer may take your complaint and then do nothing at all. This also is unlawful conduct.

The Washington Post interviewed several women who were sexually harassed at work (everything from unprofessional words to rape) while working a variety of jobs in a number of different industries. The results ranged from very positive outcomes for the victims to retaliation for their complaints. Here are the stories of two such women.

• Rylinda worked at a customer call center in Maryland, then was transferred to another office where she worked with technicians. The second environment was “rowdy” and unprofessional. She said she put up with co-workers talking about their sex lives and cursing, but it escalated to the point where a co-worker hugged her from behind and squeezed her breasts. For months, Rylinda struggled with anxiety and depression, was diagnosed with bipolar disorder and took medical leave. After Rylinda’s return, she asked to work in another office. That request was denied, but Rylinda was told she could move to and work in Virginia for the same company. Instead, she hired a lawyer who filed a lawsuit.  “I already feel like I won. My children get to see I didn’t allow myself to be a victim. For a long time, I didn’t want to be a woman. I didn’t want to be viewed as a sexual vessel. Lately, I’ve been able to wear less-baggy clothes again.”
• Jordan, 27, was a hospital insurance coordinator in Texas. The hospital CEO was about to leave Jordan’s office when he reached his arms towards her. She thought he was going to pat her on the shoulder. Instead, he pulled her into his body, so her breasts were pressed up against his crotch. “He held me there and took the deepest, most disturbing breath I have ever heard. I was frozen.” The CEO rubbed her shoulders, kissed her forehead, and asked if there was anything else she needed. Jordan reported the incident to HR. The company commenced an investigation.  Four months post-complaint, HR advised Jordan the oppressive CEO was given the choice of resigning or being fired. “I cried and cried because that part of my life was over. Walking through the halls with the tape recorder app opened up on my cellphone was over. Calling co-workers to walk with me to get water from the cafeteria was behind me. I no longer feel unsafe at work. It is an amazing feeling.”

If you’re the victim of sexual harassment, contact our office. Your employer may not be helpful, so you need to know your rights and the law. We will guide you through the process. We will celebrate with you if all goes well and help you take actions to protect your rights and interests if your employer (or former employer) fails to do the right thing.

If you have a crisis or concern about sexual harassment or retaliation in the workplace, contact the employment attorneys for workers at Kingston Law Group at 609-683-7400, or contact us online to set up a near-term reduced fee initial consultation at our Central Jersey location in Kingston.  We will listen to your facts, explain the law, and recommend your best pathways to monetary and social justice.  Call today. You will be glad you did.