The victim has a responsibility to establish that the harasser's conduct is unwelcome. It is in the victim's best interest to directly inform the harasser that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available. An employer may be held liable for acts of sexual harassment regardless of whether the employer knew or should have known of their occurrence. When investigating allegations of sexual harassment, EEOC looks at the whole record, the circumstances, such as the nature of the sexual advances, and the context in which the alleged Incidents occurred.
Prevention is the best tool to eliminate sexual harassment in the workplace.
Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. Employees should be informed of their rights, a complaint or grievance process should be established and immediate and appropriate action should be taken when an employee complains. Filing a Charge Charges of sexual harassment may be filed at any field office of the U.S. Equal Employment Opportunity Commission. Field offices are located in 50 cities throughout the United States and are listed in most local telephone directories under U.S. Government. This fact sheet may be obtained in large print, Braille or on tape by writing EEOC, Office of Communications and Legislative Affairs, Washington, D.C. 20507.