Sexual harassment is a disturbing crisis and reality that affects millions of individuals across all genders. While nearly always depicted as an issue faced solely by women, male employees can, too, experience all forms of sexual harassment in the workplace. In this article, we intend to generate awareness concerning the taboo topic of male employees and victims of sexual harassment in the workplace while highlighting the challenges they may face when reporting such incidents and outlining what is expected when presenting allegations of sexual harassment. Underscoring the significance of addressing this issue is critical for fostering safer and more inclusive work environments.
Breaking Stereotypes
One of the prevailing stereotypes about sexual harassment is that it predominantly happens to women. While statistics do show that women are more commonly victims, it’s crucial to recognize that men can also be targets. The National Sexual Violence Resource Center (NSVRC) reports that 43% of men have experienced sexual harassment in their lifetime despite federal and California State Laws prohibiting sexual harassment, especially in the workplace. Californians have the right to a sexual harassment-free work environment. U.S. Equal Employment Opportunity Commission (EEOC) men report cases of sexual harassment, too, and have the same protections from sexual harassment as women. Sexual harassment encompasses consistent offensive comments and bullying to inappropriate verbal or physical incidents. However, men facing sexual harassment often wrestle with unique challenges when considering coming forward with their allegations. These hurdles are attributed to several factors, including, but not limited to:
- The stigma surrounding reporting harassment.
- Societal misconceptions that men are less likely to experience such misconduct.
- Struggles with self-identifying as a victim or survivor of sexual harassment.
- The unfortunate association between traditional masculinity and vulnerability.
Each of these aspects can have an influence on whether the employee comes forward after experiencing unlawful workplace misconduct or harassment.
Experiences of Male Victims
Male victims of workplace sexual harassment cases often meet one or all the above factors, including social prejudices and shunning collective biases. Sometimes, they may experience disbelief or passer-by mockery from a colleague or supervisor in the office after speaking about the harassment. The doubt placed on their allegations by coworkers, family, friends, and even supervisors can be particularly distressing as it may compound feelings of shame and isolation. It is crucial to identify individuals you can trust as true confidants and either build a support group or join one if you are a male worker who has experienced any form of sexual harassment at your place of employment. It may be your instinct to go it alone, but support is critical for your wellbeing and longevity in pursuing justice.
As a sexually harassed male employee, you may also grapple with societal expectations of masculinity, making you even more hesitant to come forward. For example, a concern may be that reporting harassment is perceived as a sign of weakness or vulnerability. Retaliation or damage to the professional reputation can be a significant worry for victims, and such retribution and harm can impact their careers. However, persevering and reporting the harassment is the only way to prevent it from continuing and for the guilty party to be stopped.
Real-World Example
Consider the case of John, a mid-level manager in a corporate office. John’s supervisor, a woman in a position of power, repeatedly made inappropriate comments about his appearance and made unwelcome advances. Initially, John brushed off these incidents, thinking reporting them would be perceived as lacking professionalism. As the harassment persisted and intensified, his discomfort and stress levels increased.
After months of enduring the harassment in silence, John finally reported it to the company’s HR department. He was stunned and dismayed when he felt met only with what could be described as skepticism from the HR team, who questioned the validity of his claims. These reactions left John feeling unsupported and exposed, further complicating a stressful and challenging situation.
Proving Sexual Harassment Claims as a Male Employee in California
Like their female colleagues, male employees in California must fulfill distinct requirements to support their allegations of workplace sexual harassment. Sexual harassment claims are typically pursued under California’s Fair Employment and Housing Act (FEHA) and, in some cases, federal laws like Title VII of the Civil Rights Act. To prevail in a sexual harassment lawsuit, individuals must generally establish the following elements:
- Unwelcome Conduct: The first crucial step is demonstrating that the conduct in question was unwelcome. More specifically, it must be shown that the employee did not solicit or invite the behavior and perceived it as offensive, intimidating, or hostile.
- Hostile Work Environment: Male employees must indicate that the sexual harassment created an aggressive, hostile, or otherwise abusive climate in their work environment. Establishing a hostile workplace can be achieved by demonstrating that the conduct was painful or pervasive enough to alter your working conditions and create an offensive or hurtful atmosphere.
- Discriminatory Intent: Employees must also demonstrate that the harassment occurred due to their sex or gender. In other words, they were targeted because they were male.
- Employer Liability: Male employees may need to establish that the employer knew or should have known about the harassment and failed to take adequate measures to prevent or address it. Often, confirming liability hinges on whether the employer had effective anti-harassment policies and procedures in place and whether they took prompt and appropriate action upon learning of the harassment.
- Retaliation: It’s essential to be aware that asserting your rights against sexual harassment is protected under the law. If you have faced adverse actions, such as termination, demotion, or harassment, in response to your complaint or legal action, you may also have a retaliation claim.
- Documented Evidence: To support their claims, male employees should gather any available evidence, including emails, text messages, witness statements, or any documentation of the harassment. Organized documentation is essential.
- Timely Reporting: It is advisable to report the harassment to your employer as soon as possible. While the law allows a specific complaint filing timeframe, prompt reporting can strengthen your case.
- Consulting Legal Counsel: Seeking legal advice and representation from an experienced sexual harassment attorney is highly recommended. An attorney can help gather evidence, navigate complex legal procedures, and advocate for your rights.
It’s incredibly vital for male employees who have gone through sexual harassment in the workplace to understand these crucial elements well. While the burden of proof may seem daunting, California’s laws are devised to protect employees of all genders against such misconduct, and consulting a sexual harassment lawyer can be a critical step toward seeking justice.
The Importance of Reporting
Male employees must know that reporting sexual harassment is not a disadvantage or a sign of weakness. On the contrary, it takes courage to take that step. Reporting misconduct is a decisive step towards ending it and promoting a safe work environment for everyone. Employers are liable for taking all reports of sexual harassment seriously, irrespective of the gender of the victim. A healthy company practices transparency with its employees and puts inclusive policies in place to address harassment and ensure that employees know their rights and reporting procedures. To facilitate the prevention and reduction of harassment, employers should consistently implement thorough training, up to code with state and federal guidelines and regulations.
Support for Male Victims
Male victims of sexual harassment should know that there are resources available to them. Many sources of knowledge specializing in California employment law can provide you with tailored legal guidance and support. Seeking advice from a skilled professional aids in supporting victims in numerous ways, including comprehending their rights and options for recourse.
Sexual harassment knows no borders as a pervasive issue affecting individuals of all sexes. Male employees who experience harassment deserve the same level of respect, support, and protection as their female counterparts. Fostering workplace cultures infused with respect, appreciation of personal boundaries, and harboring inclusivity should be at the top of every employer’s list of priorities. It demonstrates a proactive approach to addressing and preventing harassment and discrimination and ensuring everyone feels safe and valued.
If you have experienced sexual harassment in the workplace, don’t hesitate to seek legal counsel and take action to protect your rights and wellbeing. Contact an experienced and trusted San Bernardino sexual harassment law attorney for a free and confidential consultation.
