Jul 24 2024
Josh Goodbaum: Hi, Amanda.
Amanda DeMatteis: Hi, Josh. What are we going to talk about today?
Goodbaum: I want to talk about sexual harassment. We know from the #MeToo Movement of the last five or so years that sexual harassment is much more prevalent than many people thought it was. Of course, doing what we do as employment lawyers and lawyers for sexual harassment survivors, we know how prevalent and how toxic sexual harassment can be. But folks who are potentially experiencing sexual harassment have really basic questions, which are: “What are the signs I’m being sexually harassed? How do I know if what’s happening at work is actually sexual harassment? When is it time for me to talk to somebody?” What do you tell them?
DeMatteis: The simple and quick answer is: Whenever you feel uncomfortable. Period. If you’re feeling uncomfortable at work, you need to tell somebody about it.
Now, there are some really obvious signs of sexual harassment: propositioning sex, sexual touching, sexual assault, of course. These are very serious things that can happen at work. But there are other much more discreet ways that you might be sexually harassed at work. And if any of those things are happening, the first thing you need to do is talk to someone; that might be HR, that might be an employment lawyer, maybe it’s a family member. But let’s talk about what those things might be.
Maybe you have a coworker or a boss that constantly is making sexual jokes at work, and you find them to be derogatory and off-putting. Maybe you have a coworker that’s constantly talking about their sex life and they come in on a Monday and say they did this, that, and the other thing with this one, that one, and the other one, and that makes you uncomfortable. Maybe it’s a slight touch of you when they walk by you – touching your back, touching your hair, something like that. Maybe it’s sexual banter at the water cooler, if you will. If any of those things are happening and make you feel uncomfortable, that is sexual harassment, and any of those unwelcome advances or unwelcome comments at work could be against the law.
Now, let’s talk about what you need to do if you’re in this position. Of course, you can always call us, right? You could always talk to an employment lawyer about it, and we suggest you do that. Because there are some pitfalls that folks can fall into if they’re experiencing sexual harassment at work. And the best thing to do is make any decision that you are going to make in a situation like this with as much information as you can.
The other thing you want to think about is talking to HR. If you don’t make your employer aware of what’s going on at work, that might have legal consequences. So, if you are feeling like how you’re being treated is inappropriate, if you’re feeling uncomfortable at work, if there are these unwelcome advances, you need to make someone at work, at HR, your boss aware of it. Of course, we’ve told you this in plenty of other videos before: the best way to do that is in writing.
So, check in with yourself. Ask yourself, “Am I feeling uncomfortable? Is this okay with me?” And if it’s not, have the courage and empower yourself to talk to someone about it, because there’s no reason for you to be going to work and dealing with these circumstances that are going to have a negative impact on your ability to work and provide for yourself and your family and affect your mental health.
Goodbaum: Great advice, Amanda. And remember, if you’re feeling uncomfortable at work, you can do something about it. You have the power to do something about it. And remember that subtle and discreet sexual harassment can be just as nefarious, just as toxic, as harassment that’s as overt as a proposition for sex or as a sexual assault.
So, hopefully, that’s helpful to you. We so appreciate you watching. Take care, and we’ll see you next time.
Posted by Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C. in Commentary
Tagged Amanda DeMatteis, Joshua Goodbaum