The hardest part of reporting sexual workplace harassment may not be making the complaint. Sometimes, it’s what happens afterward, when you are still expected to show up for work, interact with coworkers, cooperate with an investigation and deal with new workplace dynamics that can arise after the complaint is made.
While the law protects you from sexual harassment at work, what you do after making a complaint can affect how the situation develops. Certain mistakes can complicate your position even with a legitimate complaint.
1. Assuming HR is solely on your side
The Human Resources (HR) department may be the first place you turn to after experiencing sexual harassment, but remember that HR works for the employer and are incentivized to protect the company’s interests and limit liability. Their role is to receive and investigate workplace complaints, not to act as your personal advocate.
2. Deleting messages or other evidence
Keep any texts, emails, direct messages, photographs, calendar entries and other records that relate to the harassment or your complaint. Do not alter or delete relevant communications if you can preserve them in their original form. Records documenting what happens after your complaint may also provide evidence of how your employer handled the matter.
3. Confronting the alleged harasser on your own
You may understandably want answers or an apology, but a confrontation can create a new dispute or complicate an ongoing investigation. If any inappropriate workplace contact continues, document what occurs and use the proper reporting channel rather than escalating the situation yourself.
4. Discussing the case casually with colleagues or on social media
Venting about the harassment or investigation may feel natural, but casual conversations and social media posts can create additional issues. Your employer may have confidentiality policies, and public statements could be taken out of context or used to challenge your credibility.
5. Assuming you have plenty of time to act
You do not necessarily have to wait for your employer to complete the investigation before seeking professional legal guidance. Acting sooner can help you identify applicable deadlines, preserve relevant evidence and protect your ability to pursue a claim.