Have you been experiencing sexual harassment at work? Are you wondering what steps you should take to hold the harasser accountable for their actions? In this blog, we talk about the steps you need to take if you want to file a sexual harassment lawsuit.
Step #1: Speak to the Offender
Although it can be uncomfortable, you should confront the person harassing you and tell them their actions make you feel uncomfortable and that their behavior around you at work needs to change. In a sexual harassment lawsuit, the plaintiff must prove that the behavior was unwelcome. Putting the offender on notice will satisfy this requirement.
Step #2: File a Formal Complaint Within Your Company
If speaking to the offender doesn’t fix the situation, you need to file an internal complaint with your Human Resources department. Once you inform your company of the harassment, the company should take steps to remedy the situation. If your company fails to take effective action to improve your work environment and resolve the situation, they can be found liable and might even face punitive damages.
Step #3: File an Administrative Charge
In order to bring a harassment lawsuit under federal law, you must first file an administrative charge with the federal Equal Employment Opportunity Commission (EEOC). If you don’t file an administrative charge before you file a sexual harassment lawsuit, your case will be thrown out.
After you file the charge, the EEOC will notify your employer, investigate the claim, and decide if further action is warranted. If you can’t resolve the dispute with your employer and the EEOC approves your charge, it will issue you a right to sue letter.
Step #4: File a Lawsuit
After you receive the right to sue letter from the EEOC, you can file your sexual harassment lawsuit. However, before you file your lawsuit, you should discuss the details of your case with an experienced attorney to make sure all of your interests are fully protected.
Need help filing a sexual harassment lawsuit against your employer? Then call (304) 553-0337 today to request your free consultation with a member of our law firm. We are prepared to fight for you.