Your options.There are ways you can respond to sexual harassment. You might choose one or many. It is important to think through the ways some decisions might change future choices you could make. For example, you could affect a possible civil or criminal legal case if you decide to talk to a reporter. What you say to a reporter could become evidence.
The information contained here is not intended to be legal advice and is for informational purposes only. The options below are in no specific order and you don't have to do any of them if that doesn't feel safe to you. You can talk with an advocate who can help you think through what you want to do. |
TimelinesMany people wonder if there is a specific order of going about the options below. It’s difficult to come up with a single or simple answer about this. Going with one option doesn’t stop you from going with any other one. However, if you choose to file a report (known as a complaint) with the Maine Human Rights Commission, it is generally a good idea to report to your employer first.
The only "timeline" to be aware of is that you have 300 days to report harassment to the Maine Human Rights Commission and/or the Equal Employment Opportunity Commission. More information on reporting to them is below. Be sure to read through all the options below. We have also included answers to questions you might have.
Document the HarassmentFirst, if you feel safe let the harasser know you do not want them to act that way and tell them to stop.
If the harassment keeps going, write down each time it happens and include details (what is said, what is done physically if anything, etc.). Be as specific as you can, including time, date and place. Note the name(s) of any co-worker(s) who might have seen or heard what happened. If you feel safe, talk to your co-workers and tell them what is happening to you. After reviewing your personnel policies, you might tell your supervisor (or the harasser’s supervisor), someone in your human resources department, or other people listed in the policy about the harassment. If you are in a union, talk to your union steward and get the union’s help to report the harassment to your employer. You can also get help filing a grievance, which is a formal report about the harassment. Your union has the duty to represent you on issues of sexual harassment, or the union itself may become liable.
Talk to an Advocate |
Still not sure about your options?Maine's sexual assault support centers help people who have been sexually harassed or assaulted. They are your go-to free resource for help figuring out what - if anything - you want to do next. They are there to talk about how you're feeling and to help you decide what you want to do. You can call, text, or chat with an advocate. Click here to contact an advocate. Just want legal advice?Unsure who to turn to for legal advice? Wondering if you are eligible for pro bono representation? If you want to talk to a lawyer, you have a few options. The Maine Human Rights Commission has a list of lawyers who handle cases at the Commission. You can find it here. You can also call the Maine Bar Association and ask for an employment lawyer. Pine Tree Legal Assistance may be able to help with certain types of cases. Advocates can help you figure out if Pine Tree can help, and can make a referral to them. |
Maine's sexual assault support centers help people who have been sexually harassed or assaulted. They are your go-to free resource for help figuring out what - if anything - you want to do next. They are there to talk about how you're feeling and to help you decide what you want to do. You can call, text, or chat with an advocate. Click here to contact an advocate.
Talk to a Lawyer
You may want to talk to an employment lawyer to get advice and represent you to stop the harassment. A lawyer may also be able to help you explore other legal options for what has happened. A lawyer can help you understand your rights and options. This could include, for example, whether the actions toward you are illegal and if you should report it. A lawyer can help protect you from retaliation.
Pine Tree Legal Assistance may be able to help with certain types of cases. Advocates can help you figure out if Pine Tree can help, and can make a referral to them.
The Maine Human Rights Commission offers a list of lawyers who handle cases at the Commission. You can find it here.
You can also call the Maine Bar Association and ask for an employment lawyer if you don’t know how to find or pay for one. Look for a lawyer who handles sexual harassment issues and employment law cases for employees. Many people may not be able to afford a lawyer.
Pine Tree Legal Assistance may be able to help with certain types of cases. Advocates can help you figure out if Pine Tree can help, and can make a referral to them.
The Maine Human Rights Commission offers a list of lawyers who handle cases at the Commission. You can find it here.
You can also call the Maine Bar Association and ask for an employment lawyer if you don’t know how to find or pay for one. Look for a lawyer who handles sexual harassment issues and employment law cases for employees. Many people may not be able to afford a lawyer.
Make a Report at Work
Each year, your employer is required to notify you about the process of reporting sexual harassment. If they have not done so or you can't remember, start by reading your personnel policies. You should be able to find who you’re supposed to report to and how to do it. It is best practice for your employer to include more than one person you can make a report to, but they may not.
Write down what you said, who you told, and what their response was. Also write down the date and time you talked. If you are confused about anything in the policy, or cannot find the information you need, a trained advocate from Maine’s sexual assault and harassment support centers can help.
If you report at work, you do not need to wait for it to be resolved to report to the Maine Human Rights Commission. However, in some cases your employer may defend themselves by saying that you did not give them the chance to respond. Talking to a lawyer might be helpful.
Write down what you said, who you told, and what their response was. Also write down the date and time you talked. If you are confused about anything in the policy, or cannot find the information you need, a trained advocate from Maine’s sexual assault and harassment support centers can help.
If you report at work, you do not need to wait for it to be resolved to report to the Maine Human Rights Commission. However, in some cases your employer may defend themselves by saying that you did not give them the chance to respond. Talking to a lawyer might be helpful.
Report to the Maine Human Rights Commission
The Maine Human Rights Commission enforces Maine’s anti-discrimination laws and investigates reports of unlawful discrimination. This includes sexual harassment. You can make a report (also known as a complaint) with the Commission within 300 days of the date of harassment. Call or visit the Commission’s office and a staff person will help you. A good first step is to call or visit the Commission's website where you can get information and start the process with their online Intake Questionnaire.
If the facts of your case seem like sexual harassment may have occurred, the MHRC can help you file a charge that will be sent to your employer.
If the facts of your case seem like sexual harassment may have occurred, the MHRC can help you file a charge that will be sent to your employer.
Report to the Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces federal anti-discrimination laws. Like the Maine Human Rights Commission, the EEOC investigates reports of sexual harassment and other illegal discrimination. The EEOC Office in Boston handles Maine cases. Reports filed with the EEOC are automatically filed with the Maine Human Rights Commission (MHRC), so most people go there. If you have a question about whether you should separately file with the EEOC, you can contact the MHRC or the EEOC and discuss your options. The 300-day time limit applies to EEOC reports too.
Report to the Police
Some kinds of sexual harassment may also be against criminal law in Maine. For example, pushing someone against a wall and kissing them may be assault which is defined as when someone “intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person.” (1) Maine’s sexual assault and harassment support centers can help support you if you want to report to the police.
Questions You May Have
Here are answers to questions you may still have.
If I make a report at work, can I talk about it – either before or after it’s resolved?
In general, when you report harassment to your employer it’s best (and you will probably be asked) to not talk about it with others until the case is resolved. This helps the investigation and what comes after go forward in an orderly, fair, and credible way. Once the case is resolved, you and your employer can discuss and agree on what each of you may say to others. Importantly, when a charge is filed at the Maine Human Rights Commission all parties sign a non-disclosure (confidentiality) agreement that is in force until the MHRC investigation is over and the Commission gets ready to vote on a finding.
What will the process look like once I report the harassment to my employer?
There is no one answer to this because it depends on your employer. Investigations look different depending on many things (including when/if an outside investigator is hired, how many people they need to interview, etc.). To keep your rights and have some decision made, if you report harassment it is a good idea to cooperate in the investigation. It is up to the employer to investigate (or find someone to investigate) and respond to what’s found, and that timing and process is usually up to the employer.
Will they tell the person who harassed me that I was the one who reported it?
Yes. But by law your employer has to protect you from any kind of retaliation or further harassment that occurs even if part because of your report. This is for both during the investigation and in the future - without limits.
What do I do if I think I’m being retaliated against?
Retaliation is as illegal as sexual harassment. It does not depend on the outcome of the investigation. Your employer has a duty to protect you from any form of retaliation from anyone at your organization that occurs even in part because of your report of harassment. They have to protect you whether you are person reporting, a witness, or advocate for the person who reported. If you believe you are being retaliated against, tell one or more of the company employees who you would report harassment to. You can also report it to anyone who is a manager or supervisor. You may also report retaliation to the Maine Human Rights Commission or the EEOC.
If I haven’t reported to my workplace, can I still report to the Maine Human Rights Commission?
It is generally a good idea to report to your employer first. You may report to the MHRC before or instead of reporting to your employer if you were/are being harassed by a supervisor or you believe you'd be fired or it would be useless to report to your workplace. However, in some cases the employer may be able to defend themselves by saying that you did not give them a chance to respond or do something about the harassment. It's a good idea to get advice from a lawyer.
If I feel like I can’t go back into work because the harassment situation hasn’t been resolved, what are my rights around getting paid?
This has to be resolved case by case. It goes back to your employer’s duty. If your employer has done what they are supposed to do, in most cases you cannot leave and get paid.
What happens if I leave my job? What does that do to my unemployment benefit options?
You might decide that you have to leave your job if the harassment gets worse or if your working conditions are not okay because of it. This may be true especially (but not only) if you have reported the harassment and it is still going on or you are being retaliated against for reporting it. If this is something you might do, getting legal advice before leaving your job is important. The law sets a high bar for a forced quit versus a voluntary quit. If you can show that you were forced to quit because of sexual harassment, you may be eligible for unemployment compensations benefits.
If I make a report at work, can I talk about it – either before or after it’s resolved?
In general, when you report harassment to your employer it’s best (and you will probably be asked) to not talk about it with others until the case is resolved. This helps the investigation and what comes after go forward in an orderly, fair, and credible way. Once the case is resolved, you and your employer can discuss and agree on what each of you may say to others. Importantly, when a charge is filed at the Maine Human Rights Commission all parties sign a non-disclosure (confidentiality) agreement that is in force until the MHRC investigation is over and the Commission gets ready to vote on a finding.
What will the process look like once I report the harassment to my employer?
There is no one answer to this because it depends on your employer. Investigations look different depending on many things (including when/if an outside investigator is hired, how many people they need to interview, etc.). To keep your rights and have some decision made, if you report harassment it is a good idea to cooperate in the investigation. It is up to the employer to investigate (or find someone to investigate) and respond to what’s found, and that timing and process is usually up to the employer.
Will they tell the person who harassed me that I was the one who reported it?
Yes. But by law your employer has to protect you from any kind of retaliation or further harassment that occurs even if part because of your report. This is for both during the investigation and in the future - without limits.
What do I do if I think I’m being retaliated against?
Retaliation is as illegal as sexual harassment. It does not depend on the outcome of the investigation. Your employer has a duty to protect you from any form of retaliation from anyone at your organization that occurs even in part because of your report of harassment. They have to protect you whether you are person reporting, a witness, or advocate for the person who reported. If you believe you are being retaliated against, tell one or more of the company employees who you would report harassment to. You can also report it to anyone who is a manager or supervisor. You may also report retaliation to the Maine Human Rights Commission or the EEOC.
If I haven’t reported to my workplace, can I still report to the Maine Human Rights Commission?
It is generally a good idea to report to your employer first. You may report to the MHRC before or instead of reporting to your employer if you were/are being harassed by a supervisor or you believe you'd be fired or it would be useless to report to your workplace. However, in some cases the employer may be able to defend themselves by saying that you did not give them a chance to respond or do something about the harassment. It's a good idea to get advice from a lawyer.
If I feel like I can’t go back into work because the harassment situation hasn’t been resolved, what are my rights around getting paid?
This has to be resolved case by case. It goes back to your employer’s duty. If your employer has done what they are supposed to do, in most cases you cannot leave and get paid.
What happens if I leave my job? What does that do to my unemployment benefit options?
You might decide that you have to leave your job if the harassment gets worse or if your working conditions are not okay because of it. This may be true especially (but not only) if you have reported the harassment and it is still going on or you are being retaliated against for reporting it. If this is something you might do, getting legal advice before leaving your job is important. The law sets a high bar for a forced quit versus a voluntary quit. If you can show that you were forced to quit because of sexual harassment, you may be eligible for unemployment compensations benefits.
Do you still have questions?
If you still have questions, that is totally normal! This can be complicated. Please contact an advocate and they can help you find a lawyer and/or talk to you about anything here.
1. www.mainelegislature.org/legis/statutes/17-a/title17-Asec207.html
2. quid pro quo - a person with authority offering benefits in exchange for requested sexual or “romantic” favors or threatening or acting to take away benefits if the request is rejected
2. quid pro quo - a person with authority offering benefits in exchange for requested sexual or “romantic” favors or threatening or acting to take away benefits if the request is rejected