If you are a domestic worker and you have been sexually harassed while on the job, you should report the incident by following the steps as indicated in your employer’s sexual harassment policy.
You should gather evidence to document the harassment and showing the extent of the damages you suffered because of the actions. File a complaint with the Equal Employment Opportunity Commission (EEOC) and seek the counsel of an employment law attorney.
Report the Incident
If you are a domestic worker, and you have been sexually harassed while at work, you should check to see if your employer has an anti-harassment policy.
If there is a policy, then you should follow the steps in that policy to report the incident. The policy should give you various options for reporting harassment that took place in the workplace, including the option of filing a formal complaint.
If there is no written policy, you should speak with a supervisor. You can talk with your own supervisor, but if that is the person who is harassing you, speak with the supervisor of the person who is harassing you, or any supervisor within the company. Explain what has happened to you and ask for that individuals help in getting the behavior to stop.
Gather Evidence
For your claim to be successful, you should have evidence that documents the harassment you endured as well as the damages that you suffered. This evidence may include:
- Communications from the harasser, such as emails, voicemails, text messages, photos of images, and other documentation
- Your complaints and the company’s responses, or their lack of response
- Your employment or personnel file
- Your employee policy handbook and your employer’s written sexual harassment policy – if there is one
- Testimony and statements from witnesses
- Any photos or videos of incidents
- Bills and any other proof of expenses resulting from the harassment
Evidence is essential to the success of your workplace sexual harassment claim as a domestic worker. Without evidence, you cannot prove what happened.
You must also show that it was an ongoing issue and that it led to a hostile work environment, which must be proven for your claim to be successful.
Sexual harassment in the workplace is illegal, so make sure you get your claim underway and put a stop to the inappropriate actions and unwanted advances that you suffer as a domestic worker.
Filing A Claim For Sexual Harassment As A Domestic Worker
If you are a domestic worker who has suffered workplace sexual harassment, you will need to file a claim. You must follow a specific process.
If your employer harasses you or does not protect you from harassment, you must file a charge or complaint with the Equal Employment Opportunity Commission (EEOC).
The complaint with the EEOC must be filed before you can pursue a private lawsuit. The EEOC will investigate your claim and then they may file a lawsuit on your behalf.
If the EEOC does not pursue your claim, or if the investigation does not provide any help, you will receive a Right to Sue letter, so you can file a lawsuit against your employer for the harassment you endured while on the job.
Next Steps to Take
If you are a domestic worker who suffered sexual harassment while on the job, you should pursue a claim against your employer.
You have rights and the law is on your side. Because of the complexity of such claims, you should enlist the help of an employment law attorney who handles workplace sexual harassment claims in your area.
An employment law attorney is familiar with the applicable state and federal laws and will know the best way to proceed with your claim.
Employment law attorneys are familiar with all aspects of employment law and will help you gather supporting evidence to support your sexual harassment claim.
An attorney will also help you maneuver the legal system, determine your damages, and ensure you are treated fairly throughout the process.
Some sexual harassment attorneys work on a contingency basis while others charge a retainer and work for an hourly rate. Be sure to discuss the payment options when you speak with an employment law attorney regarding sexual harassment as a domestic worker.
You do have limited time for pursuing a claim, so be sure to get your claim underway today. Complete the form for a free case review by a workplace sexual harassment lawyer who represents clients from your area.
