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To report workplace sexual harassment, keep evidence and follow employer guidelines. Consult a lawyer and report to the EEOC and state agency. Obtain the right to sue letter before filing a lawsuit. File in the appropriate jurisdiction and in a timely manner.
If you are a victim of sexual harassment, the first step is to keep evidence of the harassment and follow your employer’s guidelines for reporting sexual harassment. You may want to consult an attorney at this point. Next, you’ll need to report the harassment to the Equal Employment Opportunity Commission (EEOC) and possibly a state agency. Once you file your complaint with the EEOC, you will be able to file the harassment suit.
When retaining evidence of workplace sexual harassment, it is important to understand the two types of harassment. The first is qui pro quo harassment, where the employee must tolerate the harassment in order to keep their job. The second is harassment in the hostile workplace, which occurs when the harassment causes an employee’s job performance to suffer. Any paper or electronic evidence of the harassment must be kept, and any other harassment must be recorded as well.
You must also report and follow your employer’s guidelines for reporting sexual harassment. This will help in your harassment lawsuit by showing that you have taken steps to stop the harassment. You won’t be able to win a lawsuit if the employer can show that the company took steps to prevent and correct the harassment or that you didn’t take advantage of opportunities to stop the harassment.
It is advisable to consult a lawyer. An attorney will be able to determine if you have a legitimate case and help you take the next step of contacting the EEOC. Choose an attorney who specializes in sexual harassment lawsuits.
You are unable to file a harassment lawsuit unless you have obtained the right to sue the letter from the EEOC. Once a sexual harassment complaint has been filed with the EEOC, that organization will conduct an investigation. The investigation will determine whether sexual harassment has actually occurred and whether the same type of harassment has affected other employees. The EEOC often delegates some of the investigative responsibilities to a local state agency, so it’s also appropriate to file a sexual harassment complaint with the state’s Fair Employment Practices (FEP) agency.
The FEP agency may or may not conduct an investigation, depending on the state. Likewise, the FEP does not protect the identity of victims. However, they are obliged to do so, if the tasks have been delegated by the EEOC. Your attorney should be able to help you determine whether filing with the state FEP is an appropriate step in preparing your harassment lawsuit.
In about 1 percent of cases, the EEOC will file a sexual harassment lawsuit against the victim. For the other 99%, if it is concluded that sexual harassment has occurred, the EEOC will provide the right to subpoena the letter. This can be obtained before or after the survey. It is generally more favorable for the EEOC to complete the investigation, but your attorney will be able to advise on whether to proceed without it. In general, the EEOC prefers that victims try to settle out of court before filing a harassment lawsuit.
After you receive the right to sue letter, file the lawsuit in the appropriate jurisdiction. It is important for your attorney to review the statutes to determine how long after the event a lawsuit can be filed. Lawsuits should be filed in a timely manner, as the process is usually quite lengthy. Filing as soon as possible will help protect yourself and ensure witnesses and evidence are up to date.
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