Checklist For A Workplace Sexual Harassment Claim

If you have been the victim of sexual harassment in the workplace, you have rights and protections in place. There are resources available to help you so you can pursue a claim against your employer and recover compensation for the damages you have suffered.

You should go over the checklist to make sure you have done everything that you should to have the proper evidence and documentation you will need to pursue a claim against your employer because of workplace sexual harassment.

Here are the steps that you will want to follow to have a successful claim against your employer: 

  • Maintaining documentation and evidence is essential to the success of your sexual harassment claim against your employer. Otherwise, it could become a he said – she said argument in which there is no hard evidence, and nobody can come out ahead and prove that they are presenting an accurate picture of what happened. 
  • Here are is a rundown of the checklist for a workplace sexual harassment claim: 
  • Maintain documentation to support your claim. This means keep any emails, text messages, photos, and so forth. Also, be sure to get statements from any witnesses. 
  • Tell the person who is harassing you to stop. Let them know you are offended by their actions and don’t appreciate that specific behavior. 
  • Document what was said when you asked the person to stop. Be sure to jot down the date, time, and location as well as who all was present. 
  • Notify your employer of the situation as quickly as possible. You should notify your manager or supervisor and your company’s human resources department. Maintain proof that you filed the complaint. This can be done by email or through a written notice delivered by hand or by mail. 
  • Document the response from your employer and keep any responses from them. If they brush it off, or tell you to let it go, be sure to write that down along with who said that to you. 
  • If the matter isn’t successfully resolved by your employer, or if the harassment continues, you should file a complaint with the Equal Employment Opportunity Commission (EEOC). Call them and speak with a representative over the phone. They will tell you the process. 
  • You should file your EEOC complaint either in person or by mail. You should keep a copy of the complaint. Make sure the complaint is detailed and factual. Be sure to supply copies of supporting documentation and evidence. 
  • Wait for a response from the EEOC. They will work to resolve the issue. If they find that the employer willfully and intently broke the law, or if the employer doesn’t want to resolve the matter and stop the illegal behavior, they will suggest you file a lawsuit. 
  • You will gather all your supporting evidence, including the letter from the EEOC, and then file a lawsuit against your employer for sexual harassment and for creating a hostile work environment. 
  • Enlist the help of an employment law attorney. An employment law attorney will be familiar with the state and local laws. Your lawyer will gather the supporting evidence and documentation that your claim needs so you can proceed with your claim and recover your losses. 

How An Employment Law Attorney Can Help

If you have been the victim of sexual harassment in the workplace, you should consult with an employment law attorney.

An employment law attorney is familiar with the applicable laws and they know what kind of supporting evidence and documentation that a claim will need to succeed. When you

Additional Resources

Your Rights Against Sexual Harassment at Work

Damages in a Sexual Harassment Case