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What Is A Sexual Harassment Claim?

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Document Your Sexual Harassment Claims

It is critical to keep track of what is going on with you and how you’re attempting to stop it if you ever have to demonstrate your case against a company investigator, a government agency, or a jury.

Start by gathering as much specific evidence as possible about the sexual harassment incident. Keep any abusive letters, photographs, cards, or notes you receive on file. If your supervisor made you feel uneasy due to jokes, pin-ups, or cartoons posted at work, take them away – or at the very least make copies. You are not required to leave a photo or joke on a bulletin board if it is intended to be seen by no one else but you. You are free to take it down and keep it as proof since you did not create the material yourself. If that isn’t an option, photograph the workplace walls instead. Note down the dates when the offensive material was posted, as well as any hostile reactions you had while removing it or asking someone else to do so.

It’s also important to keep a written record of any instances of harassment. List the names of everyone involved, what occurred, and where and when it took place. If anyone else observed or heard the abuse, include that as well. Keep track of things that may have an impact on your health or job performance, including the tone of voices and language used. Keep a diary and notes at home or in a secure location outside of work.

Make copies of your performance evaluations and other vital personnel paperwork before filing a complaint. Before complaining about an obnoxious coworker, you might want to request a copy of your complete personnel file. If you make a legitimate complaint, your employer may retaliate against you in the form of wrongful firing or demotion. If your employer responds to an illegal complaint by retaliating against you, it’s even more compelling evidence. Add to that, you’ll need a copy of your records if you’ve had good performance evaluations until you protest and then your employer attempts to transfer, demote, or fire you or claims that your job performance is poor.

Complain To Government Agencies Before Filing A Lawsuit


If your employer doesn’t respond, you may seek resolution through the federal agency that enforces Title VII — the United States Equal Employment Opportunity Commission. If your efforts to get answers and compensation fail, you may bring a lawsuit for compensation under Title VII or your state fair employment practices law.

You Must File A Complaint With The EEOC Before Filing A Federal Lawsuit


Even if you plan to file a lawsuit right away, you generally must first submit a claim with a government agency. A claim under federal laws, for example, must first be filed with the Equal Employment Opportunity Commission (EEOC), while a similar complaint procedure is required under state law.

The EEOC, or a state agency, may choose to prosecute your case on your behalf, but it is unusual. The agency will typically deliver you a “right-to-sue” letter at some time, giving you the option of bringing your claim in court with your own counsel.

However, keep in mind that government agencies and litigating have time limits.

Representing Los Angeles Sexual Harassment Clients


Employees in the state of California are protected against workplace sexual harassment by both state and federal legislation. Title VII of the Civil Rights Act of 1964, which applies to employers with fifteen or more workers, is used to address workplace discrimination and sexual harassment under federal law. The California Fair Employment and Housing Act (“FEHA”) provides the legal basis for state sexual harassment claims.

Victims of sexual harassment in the workplace may seek compensation for missed wages, future lost income, emotional trauma, attorney’s fees, and, frequently, punitive damages. If you have been a victim of sexual harassment or employment discrimination in your job, you should contact Los Angeles Sexual Harassment immediately.

The Time to Act is Now 

Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

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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.

Have you been the victim of sexual harassment in Los Angeles?
We will fight so you can settle for more!

The Time to Act is Now 

Act now for a free consultation from our top-rated legal team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 310-2470

Attorney Advertising. Prior results do not guarantee a similar outcome. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established, which will be via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys’ fees and other damages to awards. As a result, final awards or settlements, are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized.