Your options.There are different ways to respond to sexual harassment. You might choose one or many. Some choices may affect future legal options for example, you could affect a possible civil or criminal legal case if you decide to talk to a reporter.
The information contained here is not intended to be legal advice and is for informational purposes only. |
TimelinesThere’s no single right order for these steps. You can choose one, several, or none - whatever feels safest for you. But, if you choose to file a report (known as a complaint) with the Maine Human Rights Commission, it is usually best to report to your employer first.
You have 300 days from the most recent incident to report to the MHRC or the Equal Employment Opportunity Commission (EEOC).
Document What's HappeningIf it feels safe, tell the person to stop.
Keep notes about what happens - dates, times, what was said or done, and anyone who saw it. Be as specific as you can. After reviewing your personnel policies, you might tell your supervisor (or the harasser’s supervisor) or someone in your human resources department about the harassment. If you’re in a union, talk with your steward for support or help filing a grievance, or formal report - your union has a duty to represent you on issues like harassment. Talk to an AdvocateMaine's sexual assault support advocates are free, confidential, and trained to help people who’ve experienced sexual harassment or assault.
They can help you think through options, connect you with legal help, or just listen. Click here to contact an advocate. Talk to a LawyerAn employment lawyer can explain your rights, help stop the harassment, and protect you from retaliation.
In the blue box to the right, there are several options for connecting with legal help - including through the list created by the Maine Human Rights Commission, connecting with the Maine Bar Association, or getting a referral (if you qualify) to Pine Tree Legal Assistance - an advocate can help with that! |
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?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. |
Report at Work
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.
After you make the report, 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.
After you make the report, 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, including sexual harassment. You can make a report (also known as a complaint) with the Commission within 300 days of the date of harassment. 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.
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, harassment can cross the line into criminal assault when it “intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person.” (1) Maine’s sexual assault 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