Three Reasons Why Employees Fail to Report Workplace Harassment

Even though sexual harassment in the workplace is illegal, it continues to occur in a range of workplace environments, from restaurants and retail stores to corporate offices and the entertainment industry. In fact, according to official data from the U.S. Equal Employment Opportunity Commission (EEOC), which is the federal agency responsible for regulating various employment laws, over 24,000 employees filed sexual harassment claims in 2020 alone. Unfortunately, the actual number is likely much higher since most victims do not report harassment.

There are several reasons why employees do not file a report, from feeling embarrassed about the situation to the fear that their claim will not be taken seriously. However, there are three main reasons employees are afraid to exercise their rights and file an official report, which will be discussed below.

What Are Examples of Harassment in the Workplace?

You should never have to tolerate any behavior that makes you uncomfortable, particularly in the workplace, where people are expected to act professionally and treat their fellow employees with respect. Unfortunately, this does not always happen. Often, people in a position of power think that they can say or do things that make employees feel intimidated, uncomfortable, or even fear for their safety. If you experience any of the following examples of workplace harassment, consider contacting an employment lawyer who will discuss the circumstances of the harassment and recommend the best legal course of action:

• Physical touching
• Offensive jokes
• Intimidation
• Insults
• Racial slurs
• Threats
• Ridicule
• Pressure to go on a date
• Pressure for sexual favors

What Are the Most Common Reasons Employees Do Not Report Harassment in the Workplace?

While progress has been made to protect the rights of all employees and prevent workplace harassment, this continues to be a problem that affects thousands of employees every year in a range of industries.  Unfortunately, while there are laws that are meant to protect victims of sexual harassment in the workplace, too many employees hesitate to report the behavior. The following are the top three reasons that employees do not report workplace harassment:

• They are not aware of their rights. Unfortunately, some employees tolerate sexual harassment and other types of workplace harassment because they are not aware of their legal right to prevent it or stop it from continuing. Employers are required to inform employees about sexual harassment in the workplace, discuss the company’s policies, and provide potential solutions. However, some companies fail to do this, which causes employees to be unaware of their rights. Federal and state laws forbid workplace harassment. If you have been the victim of workplace harassment, you can file a complaint with the EEOC. If the behavior continues, or the employer refuses to address the problem, you can file a sexual harassment lawsuit against your employer and seek damages.
• They do not think they have a case. Some employees may know that they can file a harassment claim, but they hesitate to report the behavior because they are unsure whether they have a valid claim. While most employees are more likely to file a claim if the harassing behavior is particularly aggressive or extreme, the EEOC considers any unwelcome conduct against another person based on their race, religion, gender, or sexual orientation to be harassment. For a harassment claim to be valid, you must be able to prove that the offense has become a condition of your employment or that the work environment has become hostile due to the severity of the offense.
• They fear retaliation. This is another common reason employees do not file a complaint with the EEOC. Employers are legally prohibited from retaliating against employees for filing a harassment claim or assisting the EEOC with an investigation. For example, if an employee is fired, denied benefits, or is passed over for an earned promotion in response to a harassment claim, this is considered retaliation, in which case they may be subject to a lawsuit from the EEOC.

What Steps Do I Take If I Have Been Harassed at Work?

All employees are entitled to a safe work environment free from discrimination or harassment. While workplace harassment does occur, there are steps you can take to ensure that your legal rights are protected and that the harassment stops so that you can feel safe in your work environment again.

• Identify the harassment. This may be easier said than done, particularly if you feel anxious, embarrassed, or frustrated. However, it is important to identify the type of harassment, including whether it was based on age, gender, race, or religion.
• Document the harassment. Document as many details about the harassment as possible, including the person who harassed you, the dates, times, and places that the harassment occurred, whether you reported the behavior to your employer, and how your employer responded. The more documentation and evidence you can share with your employment lawyer, the more likely you will have a successful claims outcome.
• Report the harassment. Finally, you will need to report the harassment to your employer or the EEOC directly if you are not comfortable reporting the incident to your employer or fear retaliation. It is also highly recommended that you consult with an experienced employment lawyer who understands the sensitive nature of these cases and will advise you on the best way to proceed.

Our Hackensack Employment Lawyers at Carcich O’Shea Represent Victims of Workplace Harassment If you or someone you love has been the victim of harassment in the workplace, do not hesitate to contact the Hackensack employment lawyers at Carcich O’Shea. We will discuss the details of your case and the nature of the harassment, assist you with filing a complaint, and negotiate the best possible settlement outcome. To schedule a confidential consultation, call us today at 201-988-1308 or contact us online. Located in Hackensack, New Jersey, we serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.