Pursuing A Sexual Harassment Claim
What are the proper steps in pursuing a sexual harassment claim? Where do I start and with whom or which agency?
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3 Responses to Pursuing A Sexual Harassment Claim
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Like they said, tell the person who is harassing you to stop. Then before you file any complaint, document the harassment and that you asked the person the stop. Here is a free report called 10 Things That Managers Do To Get Sued…And Lose In Court There is a section in it explaining how to document want happened.
For more step by step help, download this ebook written by an attorney called Work Laws Exposed.
If you reach the point that you think you’re going to need legal help, click here to get a consultation with an attorney in your area.
After confronting your harasser and telling him to stop (and being ignored), the best thing to do is either go to your boss, the HR or use any grievance system your office has regarding sexual harassment allegations.
If there is still a lack of action on the part of your employer in investigating or handling your complaint, or worse, you get retaliated on by your employer, the next best step is to file a complaint in the EEOC. Just check out the nearest EEOC office near you and they will look at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis.
http://www.eeoc.gov/offices.html
You should tell the harasser to stop. Keep a written record of all incidents including what exactly happened, date, time, and the names of people that might have witnessed the incident(s). Consider going to the superior of the person harassing you. If you believe your employer is well-intentioned but unaware, and has a grievance or complaint procedure, it is often a good idea to use it. In fact, if you do not use the employer’s complaint process before going to court, you may not recover damages if you win. Make sure that any complaint that you do make is in writing, though, because if you are retaliated against without a paper trail it will be difficult to prove.
It is almost always a good idea to consult with a sexual harassment attorney who specializes in employment claims. Many attorneys provide free consultations for situation such as these and the attorney can give you specific guidance as to what you should be doing both to document your claim and to protect yourself against retaliation. Very often there are others who were similarly victims of sexual harassment who may want to join you.
The attorney sometimes may be able to informally complain and get the employer’s attention so the offending practice is stopped. In other cases, the attorney may help you prepare to file a complaint with the EEOC or an appropriate state agency. The attorney, unlike you, knows the ropes and can help you protect your rights should there ultimately be a court case.