Employees have the right to work in a place that’s free from harassment in all forms, including sexual harassment. It’s up to employers to set strict policies about these matters. Any complaints should be swiftly investigated in an appropriate manner.

Unlawful sexual harassment isn’t always easy to spot. But this doesn’t mean that it isn’t an actionable situation, simply because it may be challenging to identify and/or prove.

Overt sexual harassment

Overt sexual harassment is generally obvious. It involves explicit actions, such as sexual advances or touching. In some cases, it’s jokes or comments that are sexual in nature. With this type of sexual harassment, witnesses will likely know that the harasser is behaving inappropriately.

Covert sexual harassment

Covert sexual harassment isn’t as obvious. It comes in forms that some people may not recognize as harassing behavior. This includes things like unwelcome flirting, inappropriate innuendos, sexually suggestive comments or crude jokes. In some cases, it may include forms of intimidation, such as invading a person’s personal space or making suggestive gestures.

Reporting sexual harassment

Some victims of sexual harassment may feel ashamed of what has happened, so they may be afraid to report the issue. Companies should have a safe way for these employees to speak up. Even witnesses to these behaviors should be comfortable with filing a complaint when they see sexual harassment.

Once a report of sexual harassment is made, an investigation should begin. The employer should ensure that the complainant and the alleged harasser are both protected during the process. It may be necessary to switch one party’s shifts or location so the two individuals at the heart of the matter don’t come into contact with each other at work.

If an employer doesn’t act after a complaint of sexual harassment, the victim may opt to take legal action. These cases can be very involved and emotional. Working with a legal representative may be beneficial for victims, given the complexities at issue and all that is at stake.