Learn how to report sexual harassment at work

An embarrassing compliment, a sexual joke, or an onslaught from a boss or colleague in the workplace. Inappropriate attitudes in the company can be sexual harassment and must be reported by victims.

According to experts, many cases remain hidden due to fear or lack of information, in situations where the victim does not know his or her rights.

The MPT (Ministério Público do Trabalho) defines sexual harassment in the work environment as any type of gesture, conversation or insinuation of a sexual nature made without consent and that causes embarrassment to the victim.

Specialist in Human Resources and director of the Action RH office, Ellen Anholeto says that it is the company’s responsibility to have control mechanisms to prevent episodes of sexual harassment, in addition to creating a channel for women to feel safe in making a complaint.

“The victim should contact HR or the employee support area at the company to file a complaint. Thus, she will have emotional support and legal support to resolve the situation. If the company does not have this channel, or an area of support for the complaint, it must be made directly to Organs competent bodies.”

One of these bodies is the Public Ministry itself, which received and investigates the complaint of harassment against the president of Caixa Econômica Federal, Pedro Guimarães.

Other possible channels are:

• Labor Superintendence Agencies
• Public defense
• Unions and associations
• Women’s Police Station, if the victim is a woman

For fear of retaliation within the company or for not trusting colleagues, many victims give up reporting cases of harassment within companies. But, according to lawyer Maurício Pepe De Lion, a partner at Felsberg Advogados, medium and large companies are increasingly investing in external reporting channels, as a way of ensuring a more accurate and free investigation of cases of harassment.

“These are specialized companies that receive the complaint and investigate the cases. It is a way of preventing the harasser from participating in the investigation process and being able to interfere in some way or retaliate against the complainant”, he says.

In small companies, it is common to set up internal committees so that cases are not restricted to the HR sector.

Although the victim’s word has great weight, the professional advises not to discard possible evidence. “Email and WhatsApp messages are increasingly prestigious by the Judiciary”. Saving the conversations can help protect the professional’s rights.

Also according to the expert, if the harassment is proven, the aggressor can be dismissed for just cause and be prosecuted. “If the employee files a lawsuit in the Labor Court against the company, he [o agressor] can also be sued to cover expenses if the company experiences a financial loss.”

It is necessary to invest in internal policies

According to Príscilla Duarte, a consultant at BTA Associados, when the company has a well-defined internal code of ethics, it contributes both to the victim finding support channels in the case of harassment and to curbing the aggressor’s actions.

“It is necessary to be clear how the consequences are managed and the severity of the punishments, whether it can be from a warning to a dismissal.”

According to the consultant, in recent years, companies are evolving in this aspect due to the social pressure that has grown with the new generations that do not accept to work in environments considered toxic. “People are choosing not to submit to certain work environments,” she says. For her, good practices can become a tool for attracting and retaining talent.

For Ana Lucia Melo, deputy director of the Ethos Institute, it is necessary to invest more than in internal policies and manuals of conduct. “It is important that there is transparency and, more than guiding the victim, it is necessary that the company or organization provides a safe environment for complaints to be made”, she says.

What is considered sexual harassment?

The Public Ministry of São Paulo created a booklet to prevent sexual harassment in the work environment. The document was produced by the gender subcommittee, which is part of the MP-SP people management committee. The booklet classifies what sexual harassment is and the way to report it.

According to the booklet of the Public Ministry of Labor of São Paulo, sexual harassment can be expressed through physical, verbal conduct, whether clear or subtle. It can also occur through innuendo, gestures or in the form of blackmail.

• Physical conducts: sensually or sexually touching the other person’s body, caressing, grabbing, pinching, blocking paths in order to make a sexual advance, among others.
• ducts verbal: making references to a person’s sexuality, sexual orientation, gender identity or body, sexist remarks, sexual teasing or teasing, insistent outings, unwanted sexual advances orally or electronically. Asking about privacy related to the exercise of sexuality, telling lies or spreading rumors about the person’s sex life, sharing intimate images of the harassed person without consent, making graphic descriptions of pornography, blackmailing to stay or promote in employment.
• non-verbal explicit: having pornographic materials such as posters, cartoons, calendar designs, photos, computer programs of a sexual nature, sending sexually offensive audiovisual materials, toys and objects of a sexual nature.
• non-verbal implied: stares, malicious and assessing the person, derogatory gestures of a sexual nature, facial expressions of a sexual nature, among others.

What can the victim do?

• Do not blame yourself: Harassment happens by the harasser’s choice, not because of the harassed person’s behavior. Don’t feel responsible for what happened and don’t allow anyone to judge or blame you for what happened.
• Say no: whenever possible, expressly express your denial to the harasser. It is very important that this message is given that you do not agree with the approach and that you will take the appropriate measures.
• Take cover: don’t be alone with the stalker. If this happens, quickly leave the premises or invite co-workers to stay with you.
• save the evidence: save emails, messages (including on social networks and messaging apps), messages, audios and write down names of witnesses to harassment. The word of the harassed person is also proof.
• take notes: Before seeking help, write down everything that happened, specifying the date and time (albeit approximate), location of the event, name and position of the harasser and the conduct he practiced. If there were several episodes, for each one, indicate the witnesses/evidence you have.
• Know your rights: the victim of sexual harassment can follow the procedure and his word counts as proof.
• take back your life: After reporting harassment, it is important to get back to life and take care of your health. Maintain ties with friends and people close to you.
• report it: formally communicate to the specific body for the complaint and, preferably, make your representation in writing, requesting receipt of delivery of the document.

be aware

• For the victim, it is important to know that abusive behavior constitutes sexual harassment and that legislation exists to combat it.
• For the harasser, it is necessary to warn that what many believe to be “singing” and “joke” can configure harassment. If the person says no, it simply means no.
• All people working on site must know what to do in case of harassment and help a possible victim. Sexual harassment is a problem for everyone, not just the person being harassed.

Source: MP-SP