If you’re wondering, “What is indirect harassment?” perhaps you aren’t experiencing harassment directly but find yourself feeling uncomfortable because a fellow employee is harassing someone else. Even if you’re not the intended target of the unwanted comments or directives, you may still qualify to file a harassment report.
Indirect harassment is, unfortunately, easy to overlook. Harassment can affect more people than just the intended victim, contributing to a hostile or uncomfortable work environment. If you have experienced discomfort, anxiety, or fear as a result of another employee being harassed, your voice also deserves to be heard.
What Is Indirect Harassment?
Indirect harassment is any scenario in which a third party is uncomfortable due to harassment they witness or overhear. There are many circumstances in which an employee may experience indirect harassment, oftentimes without anyone else being aware of it. Some examples include:
- Receiving inappropriate group messages, emails, or images either accidentally or purposely sent by another employee.
- Overhearing an inappropriate remark that is directed at another employee.
- Visually or audibly witnessing an employee being physically harassed.
- Being aware of a relationship between an employee and someone in management or leadership for professional gain.
- Witnessing or overhearing discriminatory harassment based on a worker’s race, ethnicity, gender, sexual orientation, or other protected characteristic.
This is not an exhaustive list of every situation in which someone may experience indirect harassment. If you believe you may be a victim of indirect harassment, it is important to seek legal counsel immediately. These cases are time-sensitive, meaning if you need to file a report, the sooner you consult a lawyer, the more they may be able to help.
Understanding Quid Pro Quo Harassment and Indirect Harassment
Quid Pro Quo harassment is a form of sexual harassment in which a person in power in a workplace offers benefits such as promotions, transfers, salary raises, and more to an employee in exchange for sexual favors. In many cases, the employee may feel as though their job is in jeopardy if they do not perform the desired favors.
While this is a form of harassment, an employee in this position may confide in another in a way that makes that employee feel uncomfortable and even fearful for their job security. This can be a unique form of indirect harassment in the workplace.
What Happens After Filing a Report of Indirect Harassment?
An important aspect to consider when filing a sexual harassment report is what will happen to the perpetrator as a consequence. The discipline they receive may vary depending on workplace policies. However, some consequences they may face include the following:
- Mandatory classes or therapies regarding sexual harassment
- Suspension from the job without pay
- Termination
- Difficulty in getting a job in the future
- Sexual assault charges, if the situation is severe enough
In some scenarios, an employer may be held accountable or partially accountable for the harassment if they were aware of what was happening but did nothing to intervene. If so, the company may face legal consequences that affect its reputation.
How an Employment Lawyer Can Help With an Indirect Harassment Case
There are many avenues through which a lawyer can provide counsel and support in a harassment case. To begin, they can analyze the facts of your case and help you determine if you are, in fact, experiencing harassment. From there, they can advise you on what your next steps may be. This can include filing a formal report with a government agency, filing a report at your workplace, and other steps.
FAQs
Q: What Are Examples of Indirect Harassment?
A: Examples of indirect harassment include overhearing an inappropriate or suggestive remark made by an employee, witnessing an unwanted sexual advance, or otherwise being made aware of inappropriate behavior between employees. Inappropriate content online and within messaging sites can be included as well. Indirect harassment can be described as third-party harassment, referring to a person who was negatively affected by the harassment but was not the intended recipient of it.
Q: What Are the Main Types of Harassment?
A: There are innumerable ways to classify harassment, and not every instance of harassment can be reduced to one classification. However, harassment can occur in physical, verbal, or visual ways. Types of harassment can include sexual, discriminatory, disability, and more. While certain forms of harassment are more common, it is important to remember that harassment can happen in many ways, some of which can be difficult to identify.
Q: What Is Unintentional Harassment?
A: Unintentional harassment is when an individual makes unwelcome comments or advances without being aware of it. This includes things like making a minor sexual comment or sharing inappropriate images. The focus in unintentional harassment cases is the intention behind the action or language in addition to the action or language itself.
Q: How Do I File a Harassment Claim?
A: Filing a claim for harassment in the workplace is a fairly straightforward process. A harassment attorney can help you complete the necessary paperwork. The Equal Employment Opportunity Commission (EEOC) offers a way for qualified employees to file harassment complaints and reports. You may be required to participate in an interview with an EEOC staff member in addition to completing the paperwork.
California Employment Counsel, APC: Your San Pedro Sexual Harassment Attorneys
A sexual harassment claim can be daunting to take on by yourself. Aside from the emotional turmoil you are likely experiencing, there is a considerable number of legal tasks to complete in order to file a report and seek the justice you deserve. This is where our experienced San Pedro sexual harassment attorneys come in.
We understand the complexities of sexual harassment claims and are ready to analyze your case to see how we can help. From offering you a shoulder to lean on throughout the entire process to representing you in court if necessary, we can guide you every step of the way. Contact California Employment Counsel, APC, today to learn more about how we can offer our services and help lift the burden from your shoulders.