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So how do we stop sexual harassment? First of all, we need to think about what the employee should do if he or she is being sexually harassed. They should clearly and directly express that the conduct is unwelcome and tell the person who is harassing them to stop. If you don't feel comfortable confronting the person who is harassing you, or the conduct does not stop, alert your employer. Make sure to document any incidents-- make sure you put down what was done, the date that it was done, the time, and the place. Documentation can be strengthened with records such as letters, emails, texts, notes, and telephone messages. Also, you can report the harassment to your employer. And the employer should encourage employees to report harassment to management before it becomes a problem more severe. Your company should have a policy on harassment, and it should identify who is responsible for handling complaints of that harassment. If you are not comfortable talking to that person, talk to a manager or supervisor, or file a complaint directly with the EEOC. Make sure you act promptly. Don't be afraid to act. Once your employer knows about the harassment, it has a responsibility to stop the harassment. You cannot be fired or threatened for filing a complaint. Also, you may help others because you may not be the only one being harassed by an individual. For a younger person, like high school age, it can be especially difficult to tell an employer about sexual harassment. So talk to a parent, a teacher, a guidance counselor, or another trusted adult about the harassment. An employee who thinks he or she has been the victim of sexual harassment can file a complaint, called a charge of discrimination, with the EEOC. The EEOC may act as a go-between with the employee and the employer to correct the problem through a mediation process, or it can investigate the charge and take legal action to stop the discrimination or harassment. If you have filed a complaint with your employer, it may make sense to wait to see if the management corrects the harassment before filing a charge with the EEOC. However, if management does not act promptly to investigate the complaint and undertake corrective action, then it may be appropriate to actually file the charge. The deadline for filing an EEOC charge is either 180 or 300 days after the last date of alleged harassment, depending on the state in which the allegation arises. This deadline is not extended because of an employer's internal investigation of the complaint. You can file a charge with EEOC if you are a job applicant, current employee or former employee; whether full-time, part-time, seasonal or temporary, and regardless of your citizenship or work authorization status. You may file your charge in person at the nearest EEOC office or by mail. The services are free. Detailed information is available online at eeoc.gov. Now, if it is found that harassment occurred and was not corrected, large fines and/or damages for emotional distress will be charged to each employer or harasser indicted. In addition, it may be ordered to hire or reinstate, give back pay, promote, or train the victim. Also, it may be mandated that the employer make changes to its policies or practices. Dependent upon the individual state laws, a court may order unlimited damages. Individuals can also be subject to civil and criminal penalties. Filing a sexual harassment complaint is a serious matter. False and frivolous charges refer to cases where the accuser is using a sexual harassment complaint to accomplish some end other than stopping sexual harassment. For example, an employee who is angry and wants to "get even" with her boss for changing her work schedule or doing something that they weren't happy with. Given the seriousness of the consequences for the accused, a false and frivolous charge is a severe offense that can itself result in fines and disciplinary action if it's not true.
If an employee believes he or she is being sexually harassed, the employee should clearly and directly express that the conduct is unwelcome and tell the harasser to stop, report the harassment to the employer, and act promptly. An employee who thinks he or she has been the victim of sexual harassment can file a complaint, called a charge of discrimination, with the EEOC.