Combating Harassment, Abuse, and Sexual Predation
Sexual predation exists in many forms throughout society; for many experiencing harassment the subject is wrought with unpleasant memories underscored in their minds, yet downplayed by those around them. These monstrous acts can be committed by powerful people, by colleagues, fans, or even friends, leaving a trail of silent victims whose stories are rarely heard.
The situation isn’t futile and you do have power. This article is to provide people experiencing harassment with nine tips to assist in the aftermath of such atrocities. These are not profound fix-alls (and I truly wish they were), but simple tips and knowledge sharing to empower those who may not generally know what to do. After interviewing different employment lawyers and HR professionals, here are nine tips to help combat harassment:
Tip #1. You always have the ability to consult an attorney before taking action against someone. You may wonder where to begin and more importantly what will happen if you do. It’s okay to ask appropriate authorities (i.e. an attorney, etc.) for legal advice before making that first step.
Tip #2. The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of a protected factor. The EEOC has the authority to investigate charges of discrimination against employers who are covered by the law. Many states have EEOC branches or another state has a branch supporting your region. They may take your case or provide guidance if you cannot afford or prefer not to involve an attorney immediately (https://www.eeoc.gov/field-office).
Tip #3. Direct, substantive evidence and-or a paper trail can be crucial to success in both civil and criminal cases. This is generally known for all legal matters, but I wanted to reiterate. If you have limited or no proof to the allegation, don’t be discouraged and remember Tip #1, you can always consult legal council for guidance!
Tip #4. Proof is relevant, but so is time. The sooner you act, the more likely something can be done. Statutes of limitations do exist and vary by the claim, so there is some obligation to speak up before a case is no longer feasible. For filing a job discrimination complaint, see the EEOC’s normal limits for filing a charge (https://www.eeoc.gov/time-limits-filing-charge).
Tip #5. Civil vs Criminal — Civil matters fall under identities such as hostile work environment, workplace discrimination, verbal (non-threatening) harassment, and can be filed under lawsuits as such. Generally, attempts of physical or physical forms of harassment, assault, etc fall under criminal classifications and need to be taken up with the police. It is also a good idea to reach out to HR (if the acts were committed in a company setting) since HR departments are obligated to take it seriously. If you feel that verbal harassment is threatening or could lead to physical harm, that should also be taken up with the police. Again, re-stressing the first tip, you always have the ability to consult an attorney or the police before taking action.
Tip #6. In discrimination cases, you may not need direct proof (i.e. lack of promotion or opportunity) to report harassment. You can actually report it based on a hostile work environment. Mental strain and other subjective components can be defensible arguments if it reduces or prevents job performance. I added this tip because many people believe workplace discrimination or harassment is tied solely to opportunities like being passed up on promotions. That is not the case. For a fuller understanding see EEOC’s guidance on harassment see their website (https://www.eeoc.gov/harassment).
Tip #7. A plaintiff’s attorney may want someone experiencing workplace harassment or abuse to report it internally at the company first. This is because it shows clear action to protect yourself and hold the aggressor accountable (it tends to be more defensible in court). HR departments also prefer that so that they can get to the root of the issue (as they are obligated to do so). Tip #7.5 — HR departments are generally not bad and do want to help you.
Tip #8. Generally, people aren’t intentionally malicious, but may have unconscious biases, take things out of context, or act inappropriately. Talking to whoever harassed you may be an option, especially if you believe it to be unintentional. If someone is discriminatory or harassing at an extreme level, that is different. Remember, your safety should always come first and you can consult an attorney for any legal advice before taking action.
Tip #9. You can get through this!
On a personal note, the gaming industry has produced numerous accounts of harassment in recent memory, but there are so many other people out there who are trying to figure out how to share their stories. It is our responsibility as those who have not experienced harassment or may have previously experienced harassment to help others find their voice. Ours is the voice of those that will save countless people. Speak out when it is right to do so, protect people with your actions, and hold others accountable for theirs. With your help, we can make a difference.
Below are a few free resources that may be helpful if you cannot afford to consult an attorney or want to learn more.
Yours Truly,
James Cole
Resources:
American Bar Association’s (ABA) Free Legal Advice is a tool for qualifying low-incoming individuals. — https://www.abafreelegalanswers.org
ABA’s Pro Bono Resources Directory is a great tool for identifying pro bono legal advice in your state using the search field (ignore the “No Results”). Pro Bono Resources — American Bar Associationwww.americanbar.org › pro-bono-resource-directory
RAINN is a very reputable anti-sexual assault nonprofit organization providing confidential, free services including the National Sexual Assault Hotline. Counseling, local service providers, medical treatment recommendations, and help can be found here. 1–800–656–4673 or go to https://www.rainn.org/about-national-sexual-assault-telephone-hotline
Disclaimer: James Cole is not a lawyer. These tips are not legal advice nor should be construed as such. Readers of this article should seek and contact an attorney to obtain advice with respect to any particular legal matter. The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available is for general informational purposes only. Information in this article does not constitute the most up-to-date legal or other information. The view expressed at, or through, this site is that of the author writing in his individual capacity only — not those of his employer, of Medium, or any other body.
