Process for Filing a Workplace Harassment Complaint
If you are experiencing workplace harassment, it is important to understand what the process for filing a complaint is. This way, you can prepare and manage expectations for what will happen next.
In addition to having a company policy, many states have laws that protect against harassment. These laws cover a variety of topics, including sex discrimination, religious and ethnic discrimination, and age and disability discrimination.
Harassment can include offensive language and actions that are either verbal or nonverbal. It can also take the form of direct threats, indirect threats, derogatory or discriminatory comments and jokes, and physical contact such as stalking or assault. In order to be considered unlawful workplace harassment lawyer, the behavior must create a hostile work environment and cause emotional or physical distress to the victim. It can be done by a coworker or someone not employed by the same employer, and can occur in person or through electronic communication, such as emails and text messages.
What is the Process for Filing a Workplace Harassment Complaint?
The first step to take when experiencing workplace harassment help is to confront the harasser. It is important to do this in a private place and be prepared for the person to retaliate or defend themselves. It is a good idea to bring witnesses with you when addressing the person who is harassing you. This can help support your case and prevent the harasser from saying that they did not know that their behavior was illegal or inappropriate.
Once you have had a frank conversation with the harasser, it is a good idea to report the incident to your human resources department. The HR representative should be able to advise you on what your options are for resolving the situation. You may want to consider hiring a lawyer at this point, especially if the harassment continues and you do not feel confident in your company’s response.
When submitting a formal complaint, you should always document any incidents, dates, times and any other relevant information regarding the situation. This documentation should be kept in a file that is not housed on a work computer or phone, and it should be marked as confidential. It is also a good idea to have copies of any written communications with the person harassing you, such as emails or text messages.
Once a complaint is filed, the EEOC or state agency will conduct an investigation of the matter. This can take a long time and can often be frustrating to the complainant. The complainant should receive a “right-to-sue” letter within 90 days of filing, which will allow them to sue their employer in federal court if the case does not settle in mediation or arbitration. Before deciding to file a lawsuit, it is a good idea to speak with a seasoned employment attorney. They can walk through the formal complaint and investigation processes with you and advise you on your best options. The attorney can also review your documentation and evidence to ensure that it meets the EEOC standards for a successful lawsuit.
