Sexually Harassed By a Supervisor — Who Do You Report To?

Sexual harassment in the workplace is a serious issue that can have long-lasting effects on employees and their careers. It is especially complex and challenging when the harassment is committed by a supervisor. The power imbalance between a supervisor and an employee often makes the situation more complicated, leaving employees unsure of where to turn for help.

If you’ve been sexually harassed by a supervisor, it’s important to understand your rights and how to navigate the process of reporting the harassment. Whether the harassment is quid pro quo or creates a hostile work environment, you deserve to feel safe and respected at work. In this post, we’ll explore how to report sexual harassment in the workplace, what makes harassment by a manager different, and what protections are available under Title VII and the New York City Human Rights Law (NYCHRL).

What Constitutes Sexual Harassment?

Sexual harassment can take many forms. It can range from unwanted verbal advances to sexual assault or inappropriate physical behavior. There are two primary types of sexual harassment in the workplace:

1. Quid Pro Quo Harassment: This occurs when a supervisor demands sexual favors in exchange for job benefits, such as promotions, raises, or even continued employment. The term quid pro quo translates to “this for that,” meaning the harassment is tied directly to employment decisions.
2. Hostile Work Environment: This occurs when the workplace is filled with offensive or intimidating behavior that creates an environment where employees feel uncomfortable, unsafe, or unable to do their job. This can include unwanted comments, jokes, gestures, or physical advances.

Both types of harassment are illegal, and if you are experiencing either form at the hands of a supervisor, you are entitled to take action.

Why Is It Different When a Manager Commits Sexual Harassment?

Sexual harassment committed by a manager or supervisor is treated differently than harassment by a coworker or subordinate. The power dynamics in these situations can make it more challenging for the employee to feel comfortable coming forward.

When a supervisor harasses an employee, there is often a fear of retaliation. Employees may worry that reporting the harassment could result in job loss, retaliation in the form of unfavorable treatment, or a damaged career. These fears are not unfounded, which is why it’s essential to understand that Title VII of the Civil Rights Act and the New York City Human Rights Law (NYCHRL) provide legal protections for workers who report harassment, regardless of the harasser’s position.

Additionally, when a supervisor is involved, the employer may be held liable for the harassment, depending on the circumstances. Under Title VII, if an employee is harassed by a supervisor, the employer can be responsible for the actions of the supervisor, especially if the employer failed to take action or did not have adequate policies in place to prevent harassment.

How Do I Report a Manager for Sexual Harassment?

If you have been sexually harassed by a supervisor, reporting the harassment is a critical step in stopping the behavior and protecting your rights. Here’s how to handle the situation:

1. Document the Harassment: As soon as the harassment occurs, start documenting every instance. Write down dates, times, what was said or done, and any witnesses who may have seen the incident. This documentation can be crucial in proving your case later on, whether you report it to HR, file a complaint, or take legal action.
2. Review Your Company’s Reporting Policies: Most employers have a procedure for reporting harassment, often through the Human Resources (HR) department. Check your employee handbook or company intranet for the company’s guidelines. If your supervisor is the one harassing you, you may be able to report the issue to their supervisor, a higher-level manager, or HR.
3. Report to HR or a Higher-Level Manager: If you feel comfortable, report the harassment to HR or a higher-level manager who can take action. If you’re uncomfortable with this option or feel that HR is not taking the situation seriously, you can report the issue to outside agencies, such as the Equal Employment Opportunity Commission (EEOC) or a state or local agency like the New York State Division of Human Rights (NYSDHR) or NYC Commission on Human Rights (NYCCHR).
4. File a Formal Complaint: If internal reporting does not lead to a resolution or if you experience retaliation for reporting the harassment, you have the right to file a formal complaint with an external agency like the EEOC, the NYSDHR, or the NYCCHR. These agencies can investigate your complaint and determine whether legal action should be taken.
5. Consult a Sexual Harassment Lawyer: If you feel that your case is not being taken seriously or if you are unsure about how to proceed, it is essential to consult with a sexual harassment lawyer. A lawyer can help you understand your legal rights, guide you through the process of filing a claim, and represent you in court if necessary.

What Protections Do I Have Under Title VII and the NYCHRL?

Both Title VII and the NYCHRL provide strong protections against sexual harassment in the workplace:

• Title VII: This federal law prohibits discrimination based on sex, including sexual harassment, in any workplace with 15 or more employees. Title VII ensures that employees who are harassed or discriminated against can file complaints with the EEOC and pursue legal action against their employer.
• NYCHRL: The New York City Human Rights Law offers some of the most comprehensive protections against sexual harassment in the country. It prohibits all forms of sexual harassment and offers additional protections for workers in New York City. Under the NYCHRL, employers must take immediate and effective steps to stop harassment and ensure that employees are not subjected to a hostile work environment.

If you are sexually harassed by a supervisor, both Title VII and the NYCHRL provide legal recourse to protect your rights and hold the employer accountable.

Protect Yourself Against Sexual Harassment

Sexual harassment by a supervisor is not only a violation of your dignity but also illegal under both federal and state law. If you’ve been sexually harassed by a supervisor, it’s crucial to report the harassment and understand your rights. By documenting the harassment, following your employer’s reporting procedures, and seeking legal help, you can take steps to address the situation. A sexual harassment lawyer can guide you through the process and help you ensure that you are treated fairly and your rights are protected. You do not have to tolerate harassment, and there are legal avenues available to hold your employer accountable.

Call Us

We at Filippatos PLLC stand in proud solidarity with all employees. If you are being sexually harassed at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.