Sexual Harassment Support
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Support and information for anyone who has experienced sexual harassment.
Legal Options for Sexual Harassment
The complaint process for both sexual harassment in the workplace and in schools is similar:
- A complaint is filed
- The employer or school responds to the complaint
- The parties conduct an investigation, gathering relevant information about each other in a
"discovery" process.
- Mediation may be made available to reach a settlement
- If a settlement is not reached, the case goes to trial
- The parties call their witnesses, provide evidence, etc
- The judge makes a ruling
- If the judge finds for the plaintiff, various remedies can be ordered.(47)
Legal Options for Sexual Harassment in the Workplace
Mediation
Filing your claim with the EEOC (under Title VII of the 1964 Civil Rights Act)
You must first go through the available grievance channels in your workplace. If the situation is not
resolved you can file a claim with the EEOC. The claim must be filed within 180 days of the last incident
of harassment to begin the process for obtaining relief under Title VII. An EEOC claim can be filed in a
manner to protect the victim's identity. Title VII covers all public and private employers in the United
States, as well as U.S Citizens working for a U.S. company based in a foreign country. Complaints can
be filed through EEOC district offices which are located across the United States.
Note: The Civil Rights Act covers only companies with 15 or more employees. State fair employment
agencies (FEP) laws may be more generous and extend to smaller companies.
What to expect: After you have filed, the EEOC conducts its own investigation of the company or
organization, and this can be lengthy, taking over a year. Through the investigation, the EEOC conducts
an investigation, trying to determines whether or not harassment occurred, whether harassment is
provable in court, and whether other employees have suffered from sexual harassment as well. If the
EEOC finds in the favor of the victim (agrees they were harassed), it can pursue (settle) the case for you,
which happens in less than 1% of cases filed. They can also issue you a 'right-to-sue' letter so you and
your lawyer can file a lawsuit independently. If the investigation finds you were not harassed, you can
appeal the EEOC's finding.
If you wish, you and your attorney can skip the EEOC investigation. However, you must still file a claim
with the EEOC before you can obtain the right to sue letter that allows you to enter court.
Filing in Federal Court
You must have filed with the EEOC before you can take a case to court. Few sexual harassment cases
get to federal court, and those that do can take years. Victims who win sexual harassment cases in
federal court can receive the following reliefs: attorneys fees; reinstatement of promotion; compensatory
and punitive damages; pay for lost wages and benefits; injunctive relief (changes in workplace policy
and practice to prevent future harassment). For the most part, the amount of damages awarded
depends on the size of the company.
Filing your claim under state Fair Employment Practice (FEP ) statutes
States statutes are modeled after Title VII. Most states have a Fair Employment Practice agency located
in the state capital that is responsible for enforcing state statutes banning sex discrimination. Most
states also have an investigative process which varies. Be aware that some states have weak FEP laws
that provide for little or no remedy at all. Time limits for filing claims with FEP agencies range from 6
months to one year. Most FEP agencies do not protect the victim's identity.
Filing a common law tort suit:
A "common law tort: allows victims to receive money for compensatory damages for such complaints as
personal injury, lost wages, or health care expenses, etc, or punitive damages (damages awarded to
"punish" the company.) Assault and battery or wrongful discharge cases can also file this suit.
Confidentiality is not guaranteed, and the complainant is not protected from company retaliation.
Dual filing
Filing your case with more than one agency (both EEOC and state or local agency) is also an option.
They sometimes work together or share information on cases. Moreover, the EEOC has a huge backlog
and will often refer cases to local agencies or local FEP automatically.
Criminal Options
If the harassment crosses over into the criminal realm (e.g., sexual assault, stalking, or rape), you
should report the incident(s) to the police.
Legal Options If You are Harassed in School
Persons experiencing harassment in a federally funded school, university, or college, should first follow
grievance procedures established by the institution. Any school employee you speak to about the
harassment is obliged by law to report the behavior, so be careful about who you talk to, and when.
(Allowing others to speak for you won't always make things better, it can actually cause the problem to
escalate, and allow other people's agendas to enter into, and complicate, the issue.)
When, and if, you decide to make a formal grievance, where to go can vary, depending on the
organization of the school administration. Sexual harassment complaints could be handled by any
number of departments: dean of students, affirmative action office, civil rights office, ombudsman, etc.
Your student handbook should be able to point you in the direction of appropriate department at your
school.
If the grievance process is ineffective, the you can report sexual harassment to the U.S. Department of
Education's Office of Civil Rights at (202) 260-7250 (phone) (202) 260-7250 (fax). You can file a sexual
harassment grievance with the DOE, but if you proceed with legal action while a case is pending, they
will drop the investigation. Note: You do not have to first file a grievance with your school before filing
with the DOE, but it's a good idea to do so.
Filing a Private Lawsuit Under Title IX
Title IX permits a sexual harassment victim to file a private lawsuit, without first having to file with the
Office of Civil Rights. You can also file under Title IX regardless of their findings. Title IX also allows for
an individual teacher to be sued under the law. Sexual harassment complainants who win in court can
receive similar reliefs as cases filed for workplace harassment.
Mediation is also an option for sexual harassment in schools.
If any criminal behavior has occurred (e.g. sexual assault, rape), you should report this to the police as
soon as possible.
Sources: 47, 66, and Title IX