This problem is especially fraught when it comes to people who are experiencing sexual harassment at work.
If they feel they cant trust HR with their complaints, what else can they do?
This waslater affirmed by a 1986 landmark Supreme Courtcase.
But is reporting the incidents to HR the best way to handle it, or are there better options?
Note that some names have been changed to protect the interviewees privacy.
Should you report sexual harassment to HR?
Since then, Baumgardner has foundedEmployers Advantage, an HR services firm that provides outsourced HR to small businesses.
That incident became an integral moment in her career.
First, the HR rep may not know how to handle the situation and completely drops the ball.
Who does HR actually represent?
This question hurts my heart as an HR professional, Karen Young, owner ofHR Resolutionstells Lifehacker.
HRs duty is to serve as an advocate for both the employer and the employee.
It is a very difficult line to walk sometimes, but it can be properly managed.
Opinions differ on this point.
The alleged harasser will be interviewed by HR.
Anyone interviewed should receive a review of the company policy and the no retaliation policy.
Witnesses will be interviewed.
This may take some timethese processes do not necessarily move quickly.
Confidentiality is important, but often hard to maintain, particularly in small environments.
Someone should follow up with you when the investigation is complete.
They will not be able to give you all the details of the decision, nor should they.
(Naturally, if the alleged harasser was terminated, everyone will know the outcome.)
The second time, Heather was the one being sexually harassedby her boss.
Again, she reported it, and ended up losing her job.
That was 13 years ago, and her harasser still holds his position with the company.
In the ideal workplace, going to HR about sexual harassment should absolutely not jeopardize your job.
But according to Nikki Larchar, co-founder ofsimplyHRandDefine the Line, we dont live in an ideal world.
Upon her resignation, she filed suit against her employer.
She won a six-figure settlement and most of the offending parties were fired.
This was incredibly damaging, and I still struggle believing that my work is valuablenot my face.
The company even used this as a major part of their defense in court.
Thats because unless you have proof, its a he-said-she-said scenario.
The better approach is to stop the harasser in their tracks.
If that isnt your situation, thats okay.
Its not your fault.
He chose to report the incident to HR on her behalf.
He said they would take care of it, she tells Lifehacker.
Half of Palmers department shunned her for a full year afterward.
All lawyers care about is proof, she says.
The second thing she suggests is to get your own representation, if you might afford to do so.
I think you have to lawyer up before you go to HR, Heather says.
Most HR departments are run by attorneys.
Those lawyers are working for their boss, who is at the top of that food chain.
You are the plaintiff, and you are giving your testimony to the defendant, Heather says.
And youre usually doing all this without legal representation.
This is the biggest fraud in the American workforce.
First, Jensen says to think through the incident completely.
Its a good idea to be able to thoroughly answer the following questions:
What happened?
When did it happen (dates/times)?
Where did the situation occur?
Who may have been around to witness or overhear the exchange?
My suggestion is anytime something that does not seem right happens, document it.
Dont have any hard proof?
Larher says that it shouldnt stop you from reporting sexual harassment.
My advice to others is to not take that route.
Silence allows the abuse to continue.
Every person deserves an environment where they feel safe and valued, she says.
Chances are, if your employer doesnt protect you, you are not alone.
This kind of systemic mistreatment wont stop until it comes to light.
But it also depends on the matter.
One option that several of the HR experts mentioned is reporting the incident to the EEOC.
Are things changing?
Not only that, but there are organizations likeThe Shift Work Shopthat offer consent-forward sexual harassment prevention.
But Heather says that this isnt the case everywhere.
Empower Workis a nonprofit organization that connects users with trained peer counselors who provide immediate, confidential support.
They talk users through their harassment situation, and help them figure out their next step.
To connect with a counselor, text 510-674-1414 orchat with someone on their website.
BetterBraveprovides people with the resources and tools necessary to navigate and address toxic workplaces.
*Names have been changed to protect the identities of sources who wish to remain anonymous.
