Ohio law strictly forbids employers from sexually harassing their employees. Ohio labor laws are quite specific when it comes to sexual harassment, which is the most common form of harassment, and legal assistance is often helpful in making heads or tails.  

There are two forms of sexual harassment. The first type is “quid pro quo” harassment, which is presented with a loss of tangible economic benefit if the sexual advances are rejected, and the second form is known as “a hostile work environment." More information about sexual harassment and sex discrimination in Ohio can be found at Ohio Laws and Rules. 

Labor laws in Ohio define hostile work environment sexual harassment as harassment that occurs when a victim is subject to abusive treatment that creates an offensive or intimidating work environment. This is different from quid pro quo sexual harassment because a sexually hostile work environment does not entail the promise of tangible employment actions because the offenders in this case are not capable of upper level decisions. This means that the alleged offense is coming from the actions of a co-worker and not a supervisor.

As follows, this is a capsulation of the law’s definition of sexual harassment: any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment.

Sexual harassment in Ohio can and does occur in a variety of circumstances, but not limited to the following: the victim or the harasser can be a woman or a man; the victim does not have to be of the opposite sex from the harasser; the harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee; the victim does not have to be the focus of the harassment, just anyone affected by the offensive conduct; and the conduct of the harasser is unwelcome. Furthermore, sexual harassment may occur without economic injury to or job termination of the victim. 

If you feel that you have been the victim of sexual harassment, you should first collect as much documentation as is possible. You should save any and all types of documentation pertaining to your experiences of sexual harassment. Documentation could include any recorded messages or written memos. You can also approach co-workers and have them write down their witness accounts of the harassment.  For more information about how to get protection from sexual harassment, see this publication from the Ohio Civil Rights Commission.

After compiling your sexual harassment documentation, you will then file your complaint with your company’s human resources department. If your company is not receptive at resolving your issue, you can contact the Equal Employment Opportunity Commission (EEOC). 

You will state that you have experienced an instance of sexual harassment at your job and would like to file a hostile work environment claim. You have 180 days from the act of harassment to file your claim. You may go to the EEOC to file claim in person, or you may file it through mail or by telephone (1-800-669-4000). You will be asked to provide your name, address, and telephone number, as well as a recount of the situation.

In your claim, you can include copies of all relevant pieces of documentation as well as a list of witnesses. If you wish to remain anonymous when filing your claim, you may do so, just bear in mind that while the EEOC is able to accept your anonymous sexual harassment claim, it will be unable to investigate it.

Once your sexual harassment claim has been filed, the EEOC will begin the investigation process. It is likely that the EEOC will approach your employer and request any needed documents. Your employer, however, will not be able to seek retaliation against you for this because there are strict laws prohibiting him or her from doing so which would result in being subject to additional liability. 

The EEOC will work to resolve your claim in a timely manner. If the EEOC finds that sexual harassment has indeed taken place, it is customary to seek a settlement between the damaged employee and the employer. For additional information, visit employmentlawmatters.net.

Though rare, the EEOC can sue the employer in court.  If this occurs, it could result in the employer having to make up for lost pay or emotional harm and any other expenses.