Preventing Sexual Harassment in the Workplace for Illinois Professionals, 2nd Edition _ _________________
Cortina and Areguin (2021) developed Cortina’s Iceberg of Sexual Harassment (https://nap.nationalacademies.org/ visualizations/sexual-harassment-iceberg/) to elucidate the difference between “sexual” and “gender” harassment, with sexual harassment being more sexual coercion or attention (come-ons), and gender harassment being more “below the water line” identity-based put-downs. Cortina and Areguin propose that gender harassment has at its core a foundation of gendered contempt, with the goal to “put people down and push them out, not pull them into sexual activity.” What does this movement mean for the average American woman (and man) dealing with sexual harassment in the workplace? How can such harassment be prevented? How can we remember that although the majority of sexual harass- ment victims are women, it impacts men as well? How can we educate society so that they can comprehend that sexual harassment can affect anyone, regardless of age, gender, race, sexual orientation, socioeconomic status, or hierarchical posi- tion within an organization? The American Association of University Women (AAUW) highlights the importance of allies in supporting individuals and raising cultural awareness. Allies can show their support by: • Truly appreciating the value of diversity. • Proactively look for inequities. • Doing a thorough self-examination. • Listening! • Being aware of colleagues behaving badly. • Talking to HR if you witness discrimination. • Sharing what you know. • If you are a man, thinking of how you can help women at work.
Victims will be asked if they made it clear that the perpetrator’s actions were unwelcome. • Identify witnesses . Were there any witnesses to the harassment? Was anyone else subjected to harassment by this perpetrator? It is often the case that others have been harassed by this perpetrator as well. • Notify management. Though not necessary, it is a good idea to report the incident to your supervisor. If the supervisor is the sexual harasser, see their supervisor and report the incident to the affirmative action officer or human resources. Be familiar with your organization’s policies and procedures regarding sexual harassment. • Notify law enforcement as indicated. If the harassment is criminal—for example, rape—law enforcement should be called immediately. • Document everything. Documentation is essential to fighting sexual harassment. Documentation must include the following: ‒ What happened, when it happened, and where it happened. ‒ Exactly what was said and what behaviors occurred with each instance of harassment. ‒ Any threats the harasser made. ‒ Any promises that were made in exchange for sexual favors. ‒ Any witnesses to the harassment. ‒ Your experience reporting the harassment; how organizational policies and procedures were followed, the outcome of following those procedures, and outcomes of all actions taken to report the harassment. ‒ If the police were called, why and when they were called, and the outcome of calling the police. ‒ Status of your work productivity; have copies of work-related activities such as performance evaluations, awards, and promotions. The Illinois Human Rights Act prohibits retaliation for sexual harassment complaints, including “conduct intended to deter or dissuade a person from making a complaint or filing a report of sexual harassment, or participating in an investigation con- ducted by the Illinois Department of Human Rights or other similar agency” (IDHR, 2023a; IDHR, 2023b). The following scenarios show that reporting sexual harassment is not a simple process. In Scenario 3, Ashley finds that having accurate documentation regarding sexual harassment is essen- tial. Scenario 4 shows that not all claims of sexual harassment are valid. It is essential to have policies and procedures that objectively evaluate all circumstances and protect the rights of all involved parties.
• Refusing to fall into gendered roles. • Being an ally at home (AAUW, n.d.).
REPORTING SEXUAL HARASSMENT IN ILLINOIS The following section discusses the procedures, guidelines, and documentation related to reporting sexual harassment in Illinois (IDHR, 2023d). ACTIONS AND DOCUMENTATION There are several initial steps to take when sexual harassment occurs (IDHR, 2023c; IDHR, 2022): • Object to the behavior. The first step in dealing with sexual harassment is to overtly object to the harasser’s behavior. Let the harasser know that their actions are unwelcome and offensive. Tell the harasser that you are offended by these actions and want them to stop. During sexual harassment investigations, detailed questions will be asked about the circumstances of the harassment.
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