How to File a Sexual Harassment Lawsuit
The first steps of filing a sexual harassment lawsuit are following the employer’s guidelines for reporting the incident and preserving evidence. You need to talk to an attorney when ready to follow through with a lawsuit. A claim needs to be filed with Equal Employment Opportunity office, or EEOC, before being able to file the harassment suit.
- Understand the different types of sexual harassment. The two types are hostile work environment and quid pro quo harassment. Quid pro quo harassment is when an employee tolerates unwelcome advances to keep a job. Hostile work environment is when the employee’s work performance suffers because of sexual advances. An electronic device or notes can keep record of the abuse and any other type disturbia going on in the workplace. This information can be use later for evidence.
- Follow employer’s guidelines for reporting the sexual advances. Making the report can serve as evidence you tried to stop the harassment. There are several ways to lose a lawsuit, such as proving the company took the necessary steps to stop the abuse, or accusing the employee of not taking the necessary steps to prevent the harassment.
- Talk to a lawyer about the case. Select a lawyer who has a background in sexual harassment. The attorny can determine if the claim is legitimate and help in contacting the Equal Employment Opportunity office.
- File the harassment lawsuit. The EEOC will perform an investigation after receiving the report. They ascertain if other employers have experienced sexual harassment and if the harassment actually occurred. If the claims are true, then EEOC issues a right to sue letter.