How to sue for harassment

But what's unlawful harassment in the workplace, specifically? A number of things. The U.S. Equal Opportunity Employment Commission (EEOC) defines workplace sexual harassment as"unwelcome sexual advances or conduct of a sexual nature which unreasonably interferes with the operation of an individual's job or creates an intimidating, hostile or offensive work environment."

Harassment becomes illegal when 1. Enduring offensive behavior becomes a requirement of continued employment, or 2.

But what standard is utilized by the courts to determine if a behavior is offensive? Petty slights, annoyances, and isolated incidents (unless"exceptionally serious") will not be considered illegal, according to the EEOC.

Grounds for harassment lawsuit

Now, you may be wondering what constitutes a hostile work environment. A hostile environment could result in undesirable conduct with anybody with whom the victim interacts on the job. Examples of behaviors that may give rise to an unlawful hostile environment include talking about sexual actions; telling off-color jokes regarding race, gender, handicap or other protected bases; unnecessary touching; clinging on physical attributes; displaying sexually suggestive or racially insensitive pictures; utilizing demeaning or inappropriate terms or epithets; utilizing indecent gestures; using crude language; sabotaging the victim's work and engaging in hostile physical behavior, according to the United States Department of Labor.

Should you think that you're a victim of sexual harassment and wish to sue your employer, then you can. And, if you're wondering, how long does a harassment situation take, your response is very some time.

"Many factors can affect the duration of a suing for harassment situation; therefore, regrettably, there's no true average time to resolve one," according to Avvo, an authorized guide. "Ideally your employer will take your claim seriously, investigate and resolve the matter quickly. However, that does not always happen. Your employer can dismiss your claims. Or your harasser may not cease after being defrauded. In short, you might want to document your claim with a government agency and even take it all the way to court."

Here is your step-by-step manual to suing for harassment

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

If you're, it's reasons for a harassment suit. Ask yourself if your coworker, boss, or another individual in the workplace is sexually harassing you or even if what occurred was an isolated event or a petty slight. If it's over, you will want to examine your organization's policies and gather as much proof as possible.

Attorney & CEO of LegalAdvice.com. "It is very important to gather as much documentary evidence to support a claim. Review business policies and also reporting mechanisms to inform a manager or human resources of the harassment. Finally, in case the EEOC doesn't help solve the claim, then a civil lawsuit might need to be brought. It is important to collect 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 have made up your mind that you're pretty sure that which you're dealing with constitutes sexual harassment, you'll want to confront the harasser and follow procedures for reporting.

"When somebody is the target of unwanted sexual speech, behavior or touch, or you can find others engaging in this behavior that creates a hostile work environment, it's always miserable," states Jane Muir of J. Muir & Associates. The first step is to confront the harasser, and follow the organization's procedure for reporting. If your employer doesn't have an anti-harassment policy, also it does nothing, then you have to file a complaint with the Equal Employment Opportunity Commission, also referred to as the EEOC, and undergo a dispute resolution process, until you're permitted to sue. For employees of smaller companies, there are a few states and even counties which have similar processes. But if there are not any, there are still options, like suing for harassment and for assault and battery life. It is a great idea to consult an employment law attorney before beginning the process, so you know your rights."

3. Consult an Attorney

You'll want to locate a lawyer that can provide you with legal counsel before you really start taking a deep dive into the process of suing for harassment. They can help you navigate your rights and the procedure itself.

"When somebody wants to suing for harassment, specifically at work, finding the right lawyer is essential," says Lyndsay Markley, founder and lead attorney at Lyndsay Markley Law. "They will need to find a lawyer who will support them through this journey and help them feel heard and made a part of this procedure. The lawyer can help with all the actions required to choose to sue. To begin with, a complaint has to be filed with the Federal Equal Employment Opportunity Commission... which communicates all of our national anti-discrimination laws at work. From there, the attorney and person can decide what measures to take to obtain justice."

That said, you don't necessarily need an attorney just yet.

"The individual does not require a lawyer to file an EEOC complaint, but having a lawyer could be useful & helpful," adds Tina Willis, an Orlando private injury attorney, and owner of Tina Willis Law. "The individual may also stay on the job. Retaliation for filing suits and EEOC complaints is illegal and may form the basis of yet another claim against the employer. The person should also document as far as they can about the specifics of the suing for harassment, including any witnesses, see contact information (including phone numbers and home addresses, since individuals may change companies over the years ) and exactly what was said or done, in addition to the dates and times of this harassment. Lastly, the proof must be strong, transparent, and quite extreme to justify a Grounds for harassment lawsuit."

• 4. File the Complaint

Finally, as mentioned above, you'll be required to file a complaint with the EEOC. This is a necessary measure -- and one that is going to take a while and energy.

"The very first step would be to file a complaint with the agency in charge of managing suing for harassment claims... Bringing your claim before the proper bureau is a prerequisite to filing a Grounds for harassment 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 just 300 days to file a claim using MCAD. As soon as you have filed a complaint with an agency such as MCAD, you are in a more powerful position because any negative actions the employer takes against you might be seen as retaliation for submitting the complaint, which is a promise in and of itself (i.e., you may lose about the suing for harassment claim and still win on the retaliation claim). The employer will have an opportunity to offer its position on the topic, and you'll have a chance to provide a rebuttal.

What Happens Following a Complaint Is Filed?

The next stage is mediation, and that's when the EEOC tries to get the complainant and the company to reconcile without taking sides, according to Everson. If the employer and the complainant can't agree, the case then goes into an investigation.

"At this stage, the EEOC assigns an investigator to the case, and that investigator may request the worker the names of people who have Information Regarding the harassment claims," Everson explains." (That is where your CYA file comes from ). The investigator will even offer the employer the chance to tell his or her side of the story. The EEOC could close the case when the facts don't support the worker's claims. The processing of the claim may take up to six or nine months. The employee can decide to file a Grounds for harassment lawsuit in court prior to the decision of the investigation if the EEOC can't finish its evaluation in 180 days. After the investigation, the EEOC arrives at a conclusion and notifies both the employer and the complainant of its conclusion."

If the EEOC maintains that no sexual harassment has taken place, the charges are dismissed. The victim will be notified of their right to file suit in federal court within a 90-day period. If the EEOC holds the employer did really violate the law, then the EEOC attempts to settle the situation through conciliation.

"Conciliation is a second effort by the EEOC to promote the company and worker to settle the case out of court," Everson clarifies. "When the EEOC, the employer, and the worker cannot agree, the EEOC has the choice of filing a Grounds for harassment lawsuit itself providing the employee with a letter of note of his or her own right to do so. The EEOC will opt to litigate on behalf of the employee on the basis of how severe the employer's violation has been, the consequences of the legal issues as well as the impacts of the litigation on other people."

Everson adds this, throughout the entire claim process, the sufferer has to be readily available to the EEOC in order to stay informed about the details and developments and also to safeguard the situation against dismissal.