How to File a Harassment Claim

How to File a Harassment ClaimHow to File a Harassment ClaimDo you feel that you might be the victim ofworkplace harassment? Federal law offers protections fromunlawful harassment, which includes incidents that interfere with your success at work or create ahostile work environment. State laws may also provide protection from harassment at work. However, not every unpleasant behavior or incident qualifies as harassment under the law. Its important to know what does and doesnt meet the standard. Under federal law, youll need to file a charge withThe Equal Employment Opportunity Commission (EEOC)before suing in court, so youll want to be sure that the behavior counts as harassment under the legal definition. The EEOC states that Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people. A complaint that doesnt legally count asworkplace harassmentcould lead to unnecessary stress, legal costs and damaged relationships, so do your research before you file. Definition of Workplace Harassment The EEOC defines harassment as unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. This behavior becomes illegal at the point where Enduring it is a prerequisite for employment, orThe conduct is so severe that it creates a hostile, abusive, or intimidating work environment. Harassing conduct may include offensive jokes or pictures, name-calling, slurs, threats, intimidation, and more. The harasser can be your babo, but can also be a co-worker or an employee in another department. It can even be a non-employee. For example, if you have a client who harasses you, and your boss refuses to change your assignment or otherwise protect you from continued abuse, that might constitute a hostile work environment. Interestingly, the victim doesnt necessarily have to be the person being harassed it can be anyone affected by the harassing behavior. The victim also neednt suffer economic injury even if you keep your job and paycheck, you can still be a victim of harassment. The EEOC encourages employees to inform the harasser directly that the conduct is unwelcome and to ask them to stop. It also recommends informing management to prevent escalation. Employers are liable for harassment perpetrated by a supervisor, staff member, or contractor if they knew (or should have known) about the behavior and failed to take action to stop it. Filing a Harassment Complaint Keep Detailed RecordsKeep a written record of the time and date of the incident(s), including the individuals involved, the place the harassment occurred and other pertinent details. Keeping accurate, detailed records will help your supervisor conduct an investigation of the incident, and will also be useful when it comes time to actually filing your charge. File the Charge as Soon as PossibleAfter the incident occurs, you have 180 days to file the charge with the EEOC (or two years, in the case of violations of the EPA). This window is extended to 300 days if a state or local law prohibits harassment on the same basis. Check with the state department of labor for information on state protections and how to file a charge, if applicable. Tofile a charge of discrimination, first submit an inquiry through theEEOCs online portal. The portal will walk you through a few questions to determine whether the EEOC is the right agency for your claim. Then, you can schedule an bewerbungsinterview with a staff member, also through the portal, and file a charge if you feel that its warranted. You can also visit an EEOC schreibstube in person. Their website offersa tool that finds the closest office to you. Youll need to provide your name, address, telephone number, and detailed information about your workpla ce and your employer. Also, be prepared to talk about the harassment you faced and any discrimination that may have resulted. Provide as much detailed information as possible. In some cases, the EEOC asks the complainant and the employer to participate in a mediation program, which may lead to a voluntary settlement. If that doesnt work, the EEOC may ask the employer to answer your charge in whats called a Respondents Position Statement. You can view their statement and upload your response in the portal. Note that theres a 20-day time limit for you to respond. As part of the investigation, the EEOC may contact witnesses, interview co-workers, and speak with your employer. The EEOC might also visit your workplace or request documents associated with the incident. Once your file your charge, be aware that your employer is legally prohibited from punishing you for filing your claim they cannot fire you, lay you off or demote you for cooperating with an EEOC investigation or filing a complaint. When to Contact a Lawyer If the EEOC is unable to determine that a law was violated, you will be given theright to sueand will have90 days to file a lawsuit. At this point, its advisable to contact a lawyer. Depending on the nature of the discrimination, you may also be able to file your suit more quickly. For cases involvingthe Age Discrimination in Employment Act, you dont need to wait for a Notice of Right to Sue. Sixty days after you file a charge with the EEOC, youre free to file a suit in federal court. In cases dealing with discrimination suffered underthe Equal Pay Act, victims may either sue or file a charge with the EEOC, and they have two years to do the latter. In addition, if you feel like your case isnt being handled properly or that your employer is discriminating against you because you filed the complaint, its wise to contact an attorney for further advice. While filing a harassment claim can be stressful for all parties involved, the EEOC does try to ensure that claims are settled fairly. The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own states laws or the fruchtwein recent changes to the law.