The #metoo movement inspired a groundswell of reporting on sexual harassment, with more than 100 high-profile men facing allegations of inappropriate workplace behavior.

Nearly half of women say they have experienced some form of sexual harassment at least once, according to The New York Times; our renewed focus on the subject is well-founded. However, there’s another important aspect to remember: Men can be victims of sexual harassment, too.

Consider these statistics:

• During fiscal year 2017, men initiated 16.5 percent of the sexual harassment charges filed with the Equal Employment Opportunity Commission. That’s about 1,239 allegations.
• In a report by the U.S. Merit System Protection Board, which oversees federal employees, 19 percent of men said they experienced “some form of unwanted sexual attention.” This included attempted assault, pressure for sexual favors, deliberate touching, sexual looks or gestures, letters or calls, pressure for dates and sexual teasing, jokes, remarks or questions.

The harassers can be male or female. Of the men who said they experienced unwanted sexual attention in the MPSB report, 65 percent said they were harassed by women, 21 percent were harassed by men, and 14 percent were harassed by either mixed groups or unknown sources.

Some recent headlines provide examples. In December, actor Terry Crews filed a lawsuit against an agent he accused of groping him at a Hollywood party. Also in December, Andrea Ramsey, a candidate for Congress, dropped out of her race after the media reported that 12 years earlier, she was accused of sexually harassing and retaliating against a former male subordinate.

No matter your gender, if you have experienced sexual harassment at work, the fundamentals remain the same:

What is sexual harassment?

According to the EEOC, harassment can include unwelcome sexual advances, requests for sexual favors and other “verbal or physical harassment of a sexual nature.” It does not have to be specific to the individual; it can include offensive remarks about a person’s sex in general.

Who can be victims or harassers?

Both victim and harasser can be either a woman or a man, and the victim and harasser can be the same sex, too. Harassers can be supervisors, coworkers or even someone who is not another employee, such as a vendor or customer.

When does sexual harassment cross the line?

Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment, or when it results in negative effects, such as a firing or demotion.

What should I do if I’m being harassed?

• Document any “quid pro quo” offers or inappropriate comments.
• Keep your notes and collect evidence – make screen shots or print out messages.
• Report the harassment through proper work channels. This is a requirement before pursuing legal action; it’s important to give your employer a chance to fix the situation.
• From here, consider filing a report with the EEOC and talking to a lawyer.

For more information, we recommend Forbes’ “What to Do If You’re Being Sexually Harassed at Work.”

Keller Grover takes a stand for individuals who have encountered wrongful termination, discrimination and harassment, and retaliation. Contact us at 866-663-3308 for a free consultation.

 

What actually makes someone the “boss?” That is exactly what the U.S. Supreme Court is currently trying to decide after they heard arguments in a case involving workplace discrimination at Ball State University. Just 14 years ago, it was decided that employers could be held liable for workplace harassment by supervisors in their employment, but it was never determined what qualified someone as a supervisor.

The U.S. Supreme Court heard a case brought by Maetta Vance, the only black employee in the catering department at Ball State University, who alleges that she was subjected to racial taunts and threats by a co-worker, the New York Times first reported. A white co-worker Saundra Davis, who had some control over Vance’s daily work schedule but had no authority to fire her, reportedly made Vance’s life a “living hell,” according to documents. After several years of taunting and racial slurs passed, Vance claimed that Davis hit her on the head once, which lead Vance to file a lawsuit against the University.

Ball State maintained that both sides were to blame. They alleged that Vance had previously threatened to shoot a superior, and that the University had thoroughly investigated Vance’s complaints.The U.S. Court of Appeals for the 7th Circuit agreed with the lower court’s decision to throw out Vance’s suit. The appeals court also ruled that because Davis did not have the authority to fire Vance, she was not considered a supervisor. In addition, because Vance was not a supervisor, the University was not responsible for Davis’ actions because they had taken the proper steps after receiving Vance’s complaints.

Now the Supreme Court Justices are debating the standards relating to situations where a co-worker acts more like a supervisor than a teammate, which could open the door wider for damages under federal employment discrimination laws. While federal courts have ruled that under Title VII of the Civil Rights Act, anyone that can hire and fire someone is considered a supervisor, the Justices are looking into whether that definition is broad enough. Instead, it has been argued that the definition should apply to those who have the ability to dictate a co-worker’s daily work activities, regardless of their position or job description.

This could change the employment discrimination law landscape if the Justices rule that an employer could be held liable for a supervisor creating a hostile work environment or threatening to fire an employee based on newly defined criteria for the definition of a supervisor. But, if this occurs, the company will only be held liable if it was aware of the treatment and did not take any action to stop the harassment. No word as to when the Justices plan to make their final ruling.