Do Witnesses to Sexual Harassment Have a Responsibility to Report?

 Posted on May 29, 2025 in Sexual Harassment

There is a shameful secret regarding sexual harassment in the workplace that few people want to address or even admit exists. In many cases, sexual harassment in the workplace is witnessed by others. This can be beneficial for the victim of sexual harassment because it can provide corroboration of the sexual harassment.

Unfortunately, in some cases, witnesses to sexual harassment in the workplace look the other way - and often feel shame about doing so. A   2019 study found that of the employees surveyed who directly witnessed sexual harassment in the workplace, 77 percent of them did not report the harassment to Human Resources or to a manager or superior, although 46 percent told other colleagues about the harassment, and 67 percent told their friends and family about the harassment.

Why would a witness to sexual harassment fail to come forward and support a coworker? The reasons are complex. Remember, as a grade-schooler, when the class bully was picking on another classmate? As a child, it is difficult to confront a bully because of the fear that the bully will turn his or her attention to the confronter. Most of us simply stayed quiet, hoping not to be noticed by the bully, while simultaneously feeling ashamed of our inaction for a weaker classmate.  

Failing to back up a coworker who is being sexually harassed is much like being back in grade school. Witnesses may fear retaliation or other consequences or may be unsure how to report what they witnessed. Others may think it is simply not their place to "get involved." However, witnesses to sexual harassment do have a responsibility to their coworkers. If you have witnessed sexual harassment in the workplace and are unsure how to respond, speak to an experienced Wheaton, IL sexual harassment lawyer.

Did You Really See What You Thought You Saw?

It can be easier to tell yourself that what you saw was nothing more than one coworker joking around with another than to identify the behavior as sexual harassment. Consider the following, which are all forms of sexual harassment:

• Verbal sexual harassment is the most common type of sexual harassment and can include "catcalls," suggestive whistling, spreading rumors or telling lies about a person’s sex life, telling sexually suggestive jokes, calling employees sexually suggestive names, or telling sexual stories.
• Non-verbal sexual harassment can include sexually suggestive looks or gestures, throwing kisses, licking lips, sending sexually suggestive photos or cartoons to others via email, leering, blocking a person’s path, giving sexual gifts, making sexual advances, or ogling an employee.

Physical sexual harassment includes intentional touching in a sexually suggestive manner, rubbing up against a person’s breasts or buttocks, forced sexual acts, and inappropriately displaying parts of one’s body.

Why Report as a Witness to an Incident of Sexual Harassment?

A workplace where sexual harassment exists unchecked not only affects the victim. When sexual harassment is present in the workplace, both the victim and those who witness the harassment are likely to experience reduced productivity, lower morale, and lower job satisfaction. This can lead to a much higher job turnover rate and increased absenteeism.  

As a witness to workplace sexual harassment, you should never laugh at the conduct or give the harasser an audience. While it can be difficult to do, calmly tell the harasser that his or her behavior is not funny and must stop. Report the incident to HR, the manager, the boss, or the company owner.

Contact a DuPage County, IL Sexual Harassment Lawyer

Never leave a coworker to feel as though he or she is alone and has no backup if the harassment is reported. Even if the sexual harassment is not directly aimed at you, try to imagine if it were. If you fear retaliation for reporting sexual harassment, speak to an aggressive, knowledgeable Wheaton, IL sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC. Set up your initial attorney meeting with MKFM Law today to discuss the sexual harassment in your workplace.