Sexual harassment is an unwanted sexual advance or visual, verbal or physical conduct of a sexual nature. Both men and women can be sexually harassed. Regrettably, sexual harassment in the workplace is common. Without proper evidence, proving sexual harassment is difficult.
Keep communications and documents that show that sexual harassment occurred. This evidence will be needed to prove your sexual harassment claim.
Get help from an experienced sexual harassment lawyer. A sexual harassment lawyer can help you collect the evidence for your case.
Types of Sexual Harassment:
There are two types of claims for sexual harassment in the workplace that can be made:
Quid Pro Quo Harassment: This occurs when a job benefit is directly tied to an employee submitting to unwelcome sexual advances
Hostile Work Environment: This occurs when an employee is subjected to comments of a sexual nature, unwelcome physical contact, or offensive sexual materials as a regular part of the work environment
Documents and communications that demonstrate that sexual harassment occurred are essential to your claim. Common types of evidence for harassment cases include:
- Employment files
- Communications from the harasser (voicemails, emails, text messages)
- Prior complaints about the harasser
- Testimony from any witnesses
- Proof of harassment-related expenses
- The employer’s sexual harassment policies
- Photos or videos of the sexual harassment
Most employers have policies to prevent sexual harassment such as employment manuals or training on sexual harassment prevention.
You should request copies of your employee personnel file. You can request your employee personnel file through your Human Resources department. An attorney can also request your employee personnel file on your behalf.
Filing a Sexual Harassment Claim
Before filing a lawsuit, you’ll need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). The EEOC or DFEH will investigate your complaint and then issue a Right to Sue Letter or file a lawsuit on your behalf. After receiving a Right to Sue Letter, you may file a lawsuit against your employer in federal or state court.
Lawsuits can be filed in federal or in state courts. State law differs from federal law, so an experienced attorney can determine if you should file in federal or state court. Know and understand your rights by finding the right lawyer.
There are strict deadlines to file a sexual harassment lawsuit. Seber Bulger Law can file a sexual harassment lawsuit on your behalf.