Overview
Sexual harassment in the workplace includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. Both quid pro quo situations and hostile environment behaviors can be illegal and can harm employee wellbeing and business operations.
This article explains practical steps employees and employers can take to document incidents, report concerns, and consider insurance and coverage options that may respond to claims.
Key takeaways
- Document every incident with dates, times, locations, people involved, and witnesses.
- Follow your employer’s reporting policy and file complaints if internal steps fail to stop the behavior.
- There are insurance options that can help cover defense costs and settlements for harassment claims.
How it works
Two common legal categories of workplace sexual harassment are quid pro quo—where job benefits are tied to sexual favors—and hostile work environment—where repeated or severe conduct interferes with an employee’s ability to work. Employers generally have responsibilities to investigate complaints and take corrective action.
Employers often carry policies that address discrimination and harassment; understanding those procedures helps employees know who to notify and what internal steps to expect. Employers may also purchase policies to help manage the financial risks of claims, including defense costs and settlements. For details on specific coverage designed to respond to harassment claims, see Sexual Harassment Defense Coverage (EPLI).
What it may cover (and what it may not)
Coverage varies by policy. Typical policies that respond to employment-related claims can pay for attorney fees, investigations, and potentially settlements or judgments, but exclusions and limits apply. Policies may exclude intentional criminal acts or conduct that is proven to be fraudulent or outside the scope of employment.
When comparing options, review policy limits, defense-versus-indemnity terms, and whether proactive measures—such as training and clear reporting procedures—are required. For a general overview of available market options, see Sexual Harassment Insurance.
Common mistakes to avoid
Failing to document incidents is a frequent error; even a single occurrence should be recorded with details and witness names. Good documentation can support investigation and help protect employee rights.
Another mistake is not following internal reporting channels. Employers typically have formal procedures; following them preserves your options and can prevent claims of retaliation. Likewise, ignoring early warning signs and delaying corrective action can escalate risk for the workplace.
Questions to ask an agent
Ask what incidents the policy specifically covers and whether defense costs erode the policy limit or are paid in addition to it. Clarify any exclusions for intentional misconduct, criminal acts, or conduct by high-level employees.
Request examples of past claims handling and the policy’s requirements for training, reporting, or investigation procedures. If you prefer, talk to your agent to review options and get a formal quote.
Next steps
If you experience or witness harassment, begin documenting incidents immediately and review your employer’s reporting policy. Report the behavior through the designated internal channels and keep copies of your documentation.
If internal steps do not stop the harassment, consider contacting the appropriate governmental agency or seeking legal guidance to understand filing deadlines and remedies. Simultaneously, employers should review their prevention programs and insurance placements to ensure adequate protection and compliance with policy conditions.
Frequently Asked Questions
What should I include when I document a harassment incident?
Include the date, time, location, people present, exact words or actions, and names of any witnesses; keep contemporaneous notes and copies of relevant messages.
Can my employer retaliate if I report harassment?
Retaliation for reporting harassment is generally prohibited; report any perceived retaliation through your employer’s procedures and document the actions.
Will insurance always cover harassment claims?
Not always; coverage depends on policy language, exclusions, and facts of the claim, so review the policy details and consult an agent for clarification.