Have you been sexually harassed at work in a factory? There is a complaint procedure available through the EEOC which you can use, but before that you should use an established reporting system available at your workplace if there is one available.
You should also make sure you have evidence of the harassment to show to your employer or to the EEOC.
If you do go ahead with a complaint, and there is no progress, then you may then have the option of filing a lawsuit against your employer for a breach of federal or state discrimination at work laws.
You will find that an employment law attorney can help you win your case.
Report the Incident
If you work in a factory and have experienced sexual harassment, such as unwanted sexual advances, or sexual contact of any kind, you should report this to your employer as it is both unacceptable and unlawful.
Your employer may have an established anti-harassment policy which you should follow, but failing this, you should report the harassment to your supervisor or any supervisor if it is your supervisor who has been harassing you.
Note that under both federal and state legislation, sexual harassment could affect either sex.
If you are reluctant to report the matter to a supervisor, talk to the HR department if there is one, or put the report in writing and address it to the factory manager accompanied by whatever evidence you have obtained of the nature of the harassment.
Gather Evidence
You are unlikely to get the harassment behavior stopped or your employer to do anything about it unless you have evidence of the sexual harassment.
This is not easy, as the harassment may not have been witnessed by anyone else other than yourself. The more evidence you can submit with your report or complaint the better. Useful evidence of sexual harassment could include any of the following:
- Messages sent by the harasser by text, email, social media or letter;
- Audio or video recordings – these could be planned surreptitiously if the behavior is not an isolated incident;
- Evidence of the emotional or physical health effects that the harassment has had on you, such as a doctor’s or psychiatrist’s assessment or confirmation of distress reported;
- Witness statements from any other workers at the factory;
- A copy of the extract from company policy on what to do about harassment, if there is one;
- A copy of the report you sent to your HR or supervisor plus the response if there was one.
Filing a Claim for Sexual Harassment as a Factory Worker
Sexual harassment at work is unlawful. Employers who harass their employees of either gender or fail to protect their employees from sexual harassment may face fines or a lawsuit which could see them paying damages to the employee.
Federal law protects workers at places of employment of more than 15 workers from discrimination. Sexual harassment is included in the category of sex discrimination.
The Equal Employment Opportunities Commission (EEOC) is charged with investigating any complaints of discrimination including sexual harassment at work. Although the federal act, Title VII of the Civil Rights Act, 1964, typically applies to workplaces with more than 15 employees, smaller factories will come under state anti-discrimination laws, which in many cases are stricter than their federal equivalent.
If you find that your employer does not stop the harassment behavior in your factory, you should file a complaint with the EEOC with as much supporting evidence as possible.
The EEOC will appoint an investigator who will investigate the complaint. The investigation may result in changing the behavior of the harasser, or could lead to a fine or a lawsuit against the employer.
If the EEOC cannot be of any help, you will be given permission to file your own lawsuit against your employer for damages and legal fees in a federal or state court. The permission will be in the form of a ‘right to sue’ letter.
Get a Free Case Evaluation
Trying to get your employer to deal with a case of sexual harassment can be difficult. It will be easier and more likely to end in a successful outcome if you use an experienced and sympathetic employment lawyer to provide advice, help with suitable evidence and represent you if you decide to file a lawsuit. You are welcome to fill in a free case evaluation form available below.
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