SEXUAL HARASSMENT:
KNOW YOUR RIGHTS

U. S. Dept. of Labor, Women's Bureau

This brochure can help you deal with sexual harassment and tells you how to handle it.

HAVE ANY OF THSE THINGS EVER HAPPENED TO YOU AT WORK?

• Someone said something sexual about how you look.
• Someone touched you sexually when you didn't want them to.
• Someone made sexual jokes or said sexual things that you didn't like.
• Someone showed you or put up pornographic pictures.

You are not alone. Each year, many women experience sexual harassment at work. It's not just upsetting. It's illegal.

LAWS PROTECT YOU

Sexual harassment violates a law called the Civil Rights Act of 1964. The law tells us that:

1. Sexual harassment is unwanted sexual attention at work. It includes touching you, saying sexual things to you, asking for sex, or making advances toward you.

2. Sexual harassment is illegal if:
   • You have to go along with it to get or keep a job; or
   • You have to go along with it to get a raise or a vacation, or to influence other decisions about your job; or
   • The harassment is making it hard for you to work.

"What if nobody else saw it happen?"
The law still protects you.

"What if I didn't lose my job?"
The law still protects you.

"What if the harasser is not my boss, but rather a coworker or client?"
The law still protects you.

"What if I sometimes played along and submitted to sexual behavior - but clearly didn't want to?"
The law still protects you.

"What if it happened only once, but it was serious - like unwanted touching of my private body parts?"
The law still protects you.

WHAT CAN YOU DO IF YOU ARE SEXUALLY HARASSED?

1. Say "NO" clearly. Tell your harasser to stop. Tell your harasser that you do not want the sexual attention. If it happens again, send a letter telling your harasser to stop, and keep a copy for yourself.

2. Write down what happened. Record the date, time, and place. Include what the person said to you, and if the person touched you. Write down where you were touched and who was there. Keep a copy of these notes at home against your company or to take legal action.

3. Get support from friends, family and co-workers. Some women feel depressed or get ulcers, headaches or nausea because of the harassment. Take care of yourself. If you are afraid that you might lose your job, try to find out if other women have the same problem at the company. Join with them to try to work out this problem.

4. Talk to your union representative if you are represented by a union.

5. Talk to your employer. Your employer should have a written policy against sexual harassment and a procedure for making a complaint. Check your employee handbook or talk to the personnel or equal employment opportunity office.

6. Keep a record of your work. Keep copies of performance evaluations and memos that show that you do a good job at work. The harasser may question your job performance in order to defend his behavior.

7. You have a right to file a charge. The Equal Employment Opportunity Commission (EEOC) is a federal government agency that was created to protect you. A link to contact information is given at the bottom of this page. In addition, most states and local governments have offices that handle discrimination complaints.

8. Find out more about your legal rights. You do not need a lawyer to file charge with the EEOC, but you may want to talk with a lawyer who specializes in sex discrimination. The state bar association or the women's bar association in your area can refer you to lawyers. They can help you figure out what to do. They know the pros and cons of different legal actions, including the time and the cost filing a lawsuit.

 

YOU CAN WIN

Many women have fought discrimination and have improved their work lives. The first step is to know your rights under the law. Laws give you and your coworkers the right to start an employee group or a union to try to get better treatment at work.

You can also go to court to get back the money you lost because of discrimination. The new Civil Rights Act of 1991 gives you the right to be paid money for the hurt and the pain that discrimination caused you.

WORKING FOR WOMEN

The Women's Bureau, part of the U.S. Department of Labor, was created by Congress in 1920. Our job is to research and promote policies to improve working conditions for women.

The Women's Bureau informs people about the rights of working women using brochures like this one.

Please feel free to call or write us. Together we can make a better workplace for everyone.

WHERE TO GET HELP

Links to the Resources pages for:

• Women's Bureau

• EEOC

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Women's Bureau
U.S. Department of Labor

Robert B. Reich, Secretary
Karen Nussbaum, Women's Bureau Director