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Q.If I am being sexually harassed or subjected to discrimination what should I do?
A.If you feel you are subject to workplace harassment or discrimination document the relevant events (All of the notes could be evidence in your case. Therefore, limit your note taking to the relevant harassing or discriminatory conduct, not the other real or perceived transgressions against you). Read your company's discrimination and sexual harassment policies. Follow the instructions given to you by your employer. If no written policies exist, submit an oral or written complaint to your immediate supervisor and follow up on it with a written confirmation of what was discussed.
Your initial complaint should be specific. Focus on what occurred, the conduct, and why you feel it is objectionable.
When courts and juries listen to discrimination and sexual harassment cases, they want to see detailed policies on diversity, discrimination, and sexual harassment training as well as basic management techniques. They want to know the employees have been educated on the company's policies and that the company's policies are being followed and enforced fairly and consistently. Although the failure to have such policies or training often will reflect poorly on the company, it also reflects poorly on the employee who fail to make use of the policies. Both the courts and jury want to see that the employees tried to avail him or herself of of the employer's anti-discrimination and anti-harassment policies and procedures. If an employee ignores them, you may not be entitled to any damages.
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