Sexual misconduct has no place in the work environment, but this doesn’t mean it never occurs. According to the National Sexual Violence Resource Center (NSVRC), 38% of women and 14% of men have reported experiencing sexual harassment at work. This is a staggering statistic, indicating that many employees have likely witnessed this issue.
But when you witness sexual harassment in the workplace, what can you do? There will be considerable uncertainty during this time, and you must act promptly. To help you, this post has explained four steps you must follow after witnessing sexual misconduct at work.
Document the Incident
If you witness sexual harassment at work and wish to report the behavior, it is crucial to document the incident thoroughly. Not only will this act as evidence for an investigation or tribunal, but it can also aid your employer in preventing future incidents and fulfilling their legal duties to prevent misconduct. However, you must ensure the details you write down are detailed and objective to be solely factual.
A s you begin writing down the incident, you must ensure you act quickly to avoid forgetting key details. The necessary information will include the date, time, and location of the incident, as well as the names of those involved and any other witnesses. It is essential to add a factual description of what you heard and/or saw, but you must avoid mentioning your own opinions here.
The same must be carried out for any electronic or written evidence. Emails, social media posts, or text messages that include or relate to sexual harassment must be saved and secured. All evidence you collect or record should be stored outside the workplace.
Consider Bystander Intervention
When harassment occurs, there may be a way to prevent it from escalating, and one such method is through bystander intervention. This can stop the abuse before it gets even worse, preventing potential emotional and even physical harm from happening to the victim. Intervening can also shift the responsibility for maintaining a respectful and safe workplace among all colleagues, rather than placing the burden solely on the victim.
There are five strategies that you could utilize during this time, and these are known as the 5 D’s of bystander intervention. The strategies are to distract, take direct action, delegate, document, and delay. While distracting means creating a diversion, direct action means speaking up to the harasser or the target. This must be done calmly, whether you are stating the behavior is inappropriate or asking if the target is okay.
However, before you intervene, you must assess the safety of doing so. Could taking action make the situation worse for the person being harassed? Or will you be placing yourself in danger instead? It is vital that you only act if there are no consequences as a result.
Report the Incident
Once you have documented the incident correctly, it is now time to report the incident, and this must be done internally first. This will serve a wider public interest, particularly if the harassment is severe or widespread in the company. Your report could potentially trigger an investigation, which would stop the harasser from repeating the behavior against the victim or others in the workplace.
Your reporting should adhere to your employer's policies regarding sexual harassment, equality, and diversity. This policy may specify who you should contact, such as a manager or a Human Resources (HR) representative. The evidence you previously gathered should be used during this stage to support your claims, and it is also important to note the details of your meeting.
Unfortunately, there will be times when the company takes no action or insufficient action, and in such cases, you may need to seek external support. You should consult with an attorney who specializes in employment law to discuss filing an official claim or employee grievance.
Support the Victim
Throughout this process, you must think about the victim of sexual harassment. This will be a challenging experience for that individual, and you can take the time to support them and validate their concerns. You could become a valuable support system for this person, making a significant difference by reminding them that they are not alone in their experience.
This doesn't need to be difficult; it could be as simple as being there for the person and listening to what they have to say without judgment. Talking about what happened can lessen the stress on their shoulders, especially if you make it clear that you are on their side. You must avoid rushing the person, as this can exacerbate their feelings, or sharing their story without their consent.
To conclude, when you witness sexual misconduct in the workplace, you might be unsure how to proceed. Fortunately, this post outlines four key steps to follow, ensuring you act professionally and safely.
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