Women of Color and Sexual Harassment in the Workplace

Here is everything you need to know about women of color and sexual harassment in the workplace.

Defining Workplace Sexual Harassment

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. This refers to both unwanted sexual advances, or other visual, verbal, or physical conduct of a sexual nature and actions which create a hostile or offensive work environment.

How Sexual Harassment Affects Women of Color

Women of color are more likely to be victims of workplace sexual harassment than any other demographic. In addition to experiencing more workplace harassment, Black women are actually more likely to report post-traumatic stress disorder symptoms than their white peers following harassment.

Part of the reason that workplace sexual harassment affects women of color so heavily is that women of color are both fetishized and marginalized; this makes women of color frequent targets for harassment. Particularly, if a woman of color feels isolated in the workplace, sexual harassment can be more likely to occur.

Women of Color Are Less Likely to Report Sexual Harassment

Although numerous studies indicate that women of color experience harassment at a higher rate than white women, formal harassment complaints do not reflect this. There are multiple reasons why women of color lack reports of sexual harassment.

One reason that women of color are less likely to report sexual harassment is because of dominant cultural stereotypes of different racial groups. For example, the stereotypes that Asian women are submissive, Black women are dramatic, or Latinas are hot-headed. These untrue, stereotypical preconceptions can skew how sexual harassment complaints are perceived and processed by management, HR, law enforcement, or even courts.

Another reason that women of color are less likely to report sexual harassment is due to the fact that women of color are already at a disadvantage when it comes to hiring and advancement. Women of color are less likely to be believed and supported in exposing sexual harassment. In fact, for every black woman who reports a sexual assault, there are 15 black victims who don’t even bother to go to the police. Women of color are also more likely to suffer retaliation after reporting sexual harassment – transfers, poor performance reviews, denial of security clearance, or even termination.

California Law and Sexual Harassment

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Practically, this could range from offensive “jokes” to inappropriate physical contact, to outright sexual assault.

What to Do If You Are Being Harassed as a Woman of Color

1. Document Your Experience

Keep detailed documentation of the dates, places, and conversations you have had with the perpetrator, your supervisor, or your coworkers about any instances of sexual harassment. These notes will be crucial if you hope to achieve legal action in regards to the harassment.

2. Tell the Harasser to Stop

While this seems obvious, there are certain cases of workplace sexual harassment where letting the offender know their behavior is inappropriate and unwelcome is enough for them to stop.

3. Complain to Your Manager

If your attempts to stop the perpetrator are unsuccessful, take your complaints of sexual harassment to your supervisor, manager, or human resources department. They are legally required to protect workers from sexual harassment.

4. File a Complaint with the Appropriate Government Agency

If your manager or employer does not take significant action upon your complaints, you should file a claim with the EEOC or the Department of Fair Housing and Employment in California. These agencies will investigate and, in some cases, will choose to sue on your behalf. If the EEOC does not sue on your behalf, they may issue a “right to sue” letter. In this case, you may secure the services of a private attorney and take your case to court.

Contact Her Lawyer

If you or a loved one is a woman of color and has experienced workplace sexual harassment, contact us. We’ll match you with the most qualified Racial Discrimination Attorney for your needs and preferences. Her Lawyer specializes in assisting women in harassment and discrimination claims. We won’t charge you a dime unless you win your case!