What Is A Sexual Harassment Claim?

What You Need To Know Before Filing A Sexual Harassment Claim

Sexual harassment is prohibited by law. It is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

Most businesses have anti-sexual harassment policies, and many also have organized training on how to prevent sexual harassment in the workplace. Many employee handbooks include this, and most businesses advise employees to report any sense of discomfort or believe an event of sexual harassment may have occurred to human resources or a manager.

Although sexual harassment is expressly forbidden, many businesses advise employees to report immediately because they want to get ahead of and hopefully prevent a potentially costly legal issue for the organization. Companies must avoid potential claims at all costs, so some will do whatever it takes. In reality, many claimants of sexual harassment are treated dismissively, sidelined, and even terminated. It is unlawful to respond to a complaint by firing or retaliating against an employee for filing it.

The law may not be able to protect you completely; instead, you must defend yourself. If you’re thinking about bringing a sexual harassment complaint against your employer, answer these questions first and learn how to file the claim in a way that protects you as much as possible.

Before submitting a formal complaint with your firm for sexual harassment, consider the following:

1. Is your situation one that should be classified as sexual harassment (noting that it is not what you find to be indecent, but rather the established definition)? See the EEOC’s definition of sexual harassment here. Yes/No

2. Have you had more than one instance of sexual harassment? Yes/No

3. Do you feel that the abuse you’ve received is bad enough to force you to quit your profession if it doesn’t stop? Yes/No

4. Are you willing to take a chance on this job in order to end sexual harassment (for your personal and potentially for other present/future victims)? Yes/No

5. Are you prepared to deal with any potential retaliation from co-workers, such as taunting, being discounted, and/or losing job opportunities that are crucial to you? Retaliation for filing a claim is illegal, but many businesses and managers covertly engage in the practice. (In many cases, victims of sexual harassment have stated that the retaliatory action they faced following their filing was more harmful than the actual abuse). Yes/No

6.Do you know of any individuals who would be willing to stand with you and possibly join the lawsuit as a plaintiff? Yes/No

7.Are there any other employees at your firm who have made claims? Yes/No

Is there someone or any people still working for the firm who filed a claim? If you get an answer of “no,” you can’t count question 7 as a “yes.” This implies that those who filed must have left the company for some reason after doing so.

If you answered “yes” to any of the aforementioned questions, you should consider moving forward. If you responded yes to at least two of the following six criteria along with the others, your case is considerably stronger and safer. Please note: even if you answered “yes” to all seven, there is no assurance of total safety. Every firm is different, and each claim is unique. When you answer “yes” to all of these questions, it does not guarantee that you will win. These questions are only intended to make the process safer for the individual who is contemplating filing a formal sexual harassment claim with their employer.)

Basic Guidelines For Filing A Sexual Harassment Claim Correctly To Provide The Maximum Amount Of Safety For Your Career/Job Possible:

1. Approach your case as an individual, rather than part of a larger class. Look for persons who may support you and testify on your behalf. There’s always more protection in numbers.

2. If you believe doing so will not put you in danger, go to the harasser directly, in private, and inform him or her that you require the specific conduct to cease. Be polite, detailed, and forthright.) (Note: If you believe that you cannot do it and still want to proceed with a claim, please answer the seven questions above and make sure you can respond yes to 1, 3, 4, and 5 before considering moving forward.)

3. If you were able to handle the problem securely, professionally, and privately with the harasser, document that meeting in full. Keep your records as dry and factual as possible, free of any exaggeration or bias. You’re essentially creating a legal document with the goal of getting to the same conclusion that you have. Get the names and contact information of everyone involved, including any witnesses who were present at the time. Keep that paper and don’t let anybody know you’re taking notes.

4. Never say you don’t “want to sue the firm.” That is your personal, private business. You may genuinely feel that way and want to “be nice” and handle the situation as professionally as possible, but when you express it like that, you are revealing your hand and telling the firm not to take you seriously. That can be dangerous.

5. Before you go to Human Resources or another manager to file a complaint, try to document at least three prior instances. This will demonstrate a pattern of behavior and provide you with an important timeline. Established deadlines are far more likely to force the company to take action on your behalf rather than protecting the harasser and/or the business (from a possible lawsuit and/or negative publicity). When you try to address an issue without establishing a pattern of conduct, it’s not as safe as addressing problems directly and not being able to fix them.

6. Take your complaint to Human Resources or a labor representative. If you don’t have access to a Human Resources department or a Union Representative, take it to another manager or supervisor (not the harasser). If your organization decides to pursue a claim, it will generally start an official investigation, gathering information from you and the accused harasser. The firm will also provide its findings and any suggested actions for you to take. If you feel like the company isn’t taking your allegations seriously, or siding with the harasser, contact Los Angeles Sexual Harassment Lawyers immediately.

Contact Los Angeles Sexual Harassment Lawyers at (888) 310-2470 if you have been subjected to sexual harassment. Our sexual harassment lawyers handle all types of sexual harassment cases on a contingency basis. That means we do not get paid unless and until we obtain a settlement or verdict on your behalf.