Sexual harassment in the workplace is a serious problem. It is prohibited by state and federal laws. If you have been subjected to sexual harassment – which can take place in many ways – you can pursue a claim against your employer. There is a specific process to follow when you are pursuing a sexual harassment claim, so be sure to familiarize yourself with the process in your state.
If you are the victim of sexual harassment, you should report it to a higher-ranking member of management or to human resources.
Your employer has the responsibility to respond to your claim and the allegations. You should provide as much supporting evidence and documentation as possible. Be sure to keep evidence of the claim being reported to your employer.
What To Do If Employer Ignores Your Sexual Harassment Claim
If your employer brushes off your sexual harassment claim, doesn’t acknowledge it, or basically tells you to let it go, then you have grounds to file a formal complaint with the Equal Employment Opportunity Commission (EEOC).
The EEOC is a government entity that handles allegations of harassment and discrimination in the workplace, and they address civil rights violations.
You should take all the supporting evidence, such as emails, documented discussions, text messages, emails, memos, witness statements, digital images, recordings, and so forth and include copies with your formal complaint.
This complaint can be filed in person by appointment or by mail. You will want to at least speak with an EEOC employee over the phone to make sure you understand the process and to hear suggestions for proceeding with your claim.
Other Mistakes Employers May Make
When an employer receives a complaint about sexual harassment, then they should act on it. They should investigate, talk with all involved parties, and then ensure the laws and protocol are followed and that the harassment stops right away. There are many ways that they can make a mistake and dig themselves a hole regarding the situation.
Some common mistakes made by employers in this situation include taking too long to investigate and not addressing the issue while the memories are fresh.
Evidence can be misplaced, and the details can be forgotten if the matter isn’t addressed in a timely manner. Another way that an employer could fail you is by not conducting a fair investigation.
If they try to cover up for the person who harassed or discriminated against you, or if they don’t acknowledge the evidence or talk to witnesses.
If you file a complaint, you are protected. If your employer retaliates against you then they have violated another law and they can face harsh penalties.
Retaliation could involve being denied a promotion, cutting pay, reducing hours, or giving undesirable duties or putting you on an undesirable work schedule.
You could even be subjected to verbal or mental abuse, and you may face “punishment” for your actions. If this happens, be sure to preserve evidence so you can use it to support your claim.
Some of these mistakes can lead to even more complicated problems, and it could lead to an additional claim against them. Always keep any documentation, such as memos, emails, texts, digital images, videos, or recordings that can help support your claim and show what happened.
File a Claim with the EEOC if Your Company Ignores Your Sexual Assault Investigation
The first thing to do if you have been sexually assaulted at work is to inform your employer. Sexual assault is prohibited in the workplace by state and federal laws. If you have been the subject of a sexual assault you can pursue a claim against your employer.
If your employer ignores your sexual assault complaint, you should file a claim with the Equal Employment Opportunity Commission (EEOC). You can submit your online inquiry providing as much information about the assault as possible. You will then have to wait for the EEOC to arrange an interview which will take place after the EEOC has reviewed your complaint.
You will be able to discuss your harassment claim with an EEOC worker and determine whether you can and should file a charge. This may involve attending mediation with your employer present as well as the EEOC investigator. The EEOC may suggest the mediation takes place in your workplace.
If this is the case, a mediator will try to get you and your employer to reach an agreeable settlement. After that point, you will be able to file a Charge of Discrimination, which is a signed statement that an incident of sexual harassment took place.
It is very important to note that timing is crucial with sexual harassment claims. You have to file your Charge of Discrimination within 180-300 days from the date the last incident of harassment took place.
Contacting A Lawyer When Your Complaint Is Ignored
If you have been the victim of sexual harassment in the workplace and you filed a complaint with your employer, but it was ignored, you will want to advance your complaint to the next level.
You will file a claim with the Equal Employment Opportunity Commission (EEOC), and they may recommend you advance the case with a lawsuit against your employer.
To ensure your claim is on the right track, you will want to enlist the help of an employment law attorney who handles sexual harassment cases.
With the guidance of an employment law attorney, you can build a strong case. Your attorney will gather supporting evidence and documentation and will work to ensure you are treated fairly throughout the claims process. The attorney will determine which damages you suffered and will help you recover compensation.
To make sure your claim is on track before time runs out, complete the Free Case Evaluation Form on this page.
The details of your sexual harassment claim will be shared with an attorney who handles employment law matters in your area. Usually you have only 180 days from the date of the incident to pursue a claim against an employer in such cases.
