How to Sue for Sexual Harassment

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If you believe that you are a victim of sexual harassment and want to sue your employer, you can. But you must first exhaust all administrative remedies and follow the steps. And, if you're wondering, how long does a harassment case take, your answer is quite some time.

"Many variables can affect the duration of a sexual harassment case; so, unfortunately, there's no real average time to resolve one," according to Avvo, a legal guide. "Ideally your employer will take your claim seriously, investigate and resolve the matter quickly. But that does not always happen. Your employer may dismiss your claims. Or your harasser may not stop even after being disciplined. In short, you may need to file your claim with a government agency and even take it all the way to court."

Here's your step-by-step guide to suing for sexual harassment.

1. Ask Yourself: "Am I being Sexually Harassed at Work?"

If you are, it's grounds for a harassment lawsuit. Ask yourself if your coworker, boss or another person in the workplace is sexually harassing you or if what happened was an isolated incident or a petty slight. If it's more than, you'll want to review your company's policies and gather as much evidence as possible.
"Sexual harassment in the workplace is unlawful under both state and federal laws," says David Reischer, Esq. Attorney & CEO of LegalAdvice.com. "It is important to gather as much documentary evidence to support a claim. Review company policies and and reporting mechanisms to notify a supervisor or human resources of the harassment. A complaint should be filed with the EEOC and the EEOC will investigate the claim and work with a company to provide a remedy. Finally, if the EEOC does not help resolve the claim, then a civil suit may need to be brought. It is important to gather as much documentary evidence and eyewitness testimony as possible to be successful in a suit."

2. Confront the Harasser and Follow Procedures

Now that you've made up your mind that you're pretty positive what you're dealing with constitutes as sexual harassment, you'll want to confront the harasser and follow procedures for reporting.
"When someone is the target of unwanted sexual speech, behavior or touch, or there are others engaging in this behavior that create a hostile work environment, it is always miserable," says Jane Muir of  J. Muir & Associates. "If the company is larger than 15 employees, Title VII of the Civil Rights Act of 1964 establishes federal protections. The first step is to confront the harasser, and follow the company's procedure for reporting. If your company does not have any anti-harassment policy, or it does nothing, then you have to file a complaint with the Equal Employment Opportunity Commission, also known as the EEOC, and go through a dispute resolution process, before you are allowed to sue. For employees of smaller companies, there are some states and even counties that have similar procedures. But if there are none, there are still options, like suing for assault and battery. It is a good idea to consult an employment law attorney before starting the process, so that you know your rights."

3. Consult a Lawyer

You'll want to find a lawyer who can offer you legal advise before you really start taking a deep dive into the process of suing for sexual harassment. They can help you navigate your rights and the process itself.
"When someone wants to sue for sexual harassment, specifically in the workplace, finding the right lawyer is integral," says Lyndsay Markley, founder and lead attorney at Lyndsay Markley Law. "They need to find a lawyer who will support them through this journey and help them feel heard and made a part of this process. The lawyer can help with all of the steps needed to take to sue. First, a complaint must be filed with the Federal Equal Employment Opportunity Commission... which enforces all of our federal anti-discrimination laws in the workplace. From there, the lawyer and individual can decide what steps to take to receive justice."

4. File the Complaint

Finally, as mentioned above, you'll need to file a complaint with the EEOC. This is a necessary step — and one that will take quite some time and effort.
"The first step is to file a complaint with the agency in charge of handling sexual harassment claims... Bringing your claim before the proper agency is a prerequisite to filing a lawsuit in court," says Lucas Newbill, a civil rights and employment law attorney practicing out of Brookline, Massachusetts. "Time is of the essence, in Massachusetts a complainant generally has only 300 days to file a claim with MCAD. Once you have filed a complaint at an agency like MCAD, you are in a stronger position because any negative actions the employer takes against you may be viewed as retaliation for filing the complaint, which is a claim in and of itself (i.e., you can lose on the sexual harassment claim and still win on the retaliation claim). The employer will have a chance to offer its position on the matter, and you will have a chance to offer a rebuttal. 











SOURCE: /fairygodboss.com

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