Filing A Sexual Harassment Claim in California

You have all the right to seek justice and compensation if you were the victim of sexual harassment at work. You can have a case against the harasser even if no one saw the incident of harassment. The problem of sexual harassment on the job is common. Nearly 25% of all complaint made to the Equal Employment Opportunity Commission (EEOC) involved sexual discrimination, including sexual harassment. So, the main question is, how do you prove sexual harassment in the workplace? 

Prepping A Complaint For Sexual Harassment 

If you’ve been siubject to sexual harassment, you can claim compensation and other legal benefits in court or a government hearing. But you must get ready for the complaint procedure. Before making a complaint, you should gather proof and notify the harasser and your employer about the inappropriate behaviour.

Follow these instructions as closely as you can. If you deviate from the accepted practices, your case’s credibility may suffer. Hire a sexual assault lawyer

Stand up to the harasser

Telling the harasser to cease his deeds is the first step you should take when dealing with a sexual harassment situation at work. You can prove that your harasser’s derogatory, sex-based behaviour was inappropriate by providing evidence of your early objection. Sometimes confronting harassers can be challenging when they hold positions of authority. Try your best, and if the encounter proves too challenging or complicated, you can always file an internal complaint.

Study the anti-harassment policy of your workplace

The majority of businesses have sexual harassment regulations in place. You can access it through your human resources department or your staff handbook. If there are any instructions in the manual, follow them.

Making A Complaint Internally

You must use whatever internal complaint procedure your employer has in place for these issues. You may not always be able to hold onto a sexual harassment claim against your workplace. If,

  • Your employer may be able to establish that you didn’t make a complaint or inform a supervisor.
  • Your employer can show how they dealt with any known harassment appropriately.

You should therefore ensure that your employer is informed immediately about any harassment. By doing this, your employer will be unable to defend themselves by claiming they were unaware of the sexual harassment or were not given a chance to resolve it.

Gathering relevant data

Your employer needs to see evidence of sexual harassment. Sometimes just one instance of extreme harassment is sufficient to hold your disturber and employer accountable. There are situations when you need to demonstrate that there was a routine of rude behaviour that made the atmosphere unpleasant.

It is critical to compile and preserve evidence whether your complaint relates to one or several instances of harassment.

  • Detailed records of each instance of harassment
  • Copies of the claims
  • Exchange of letters with your harasser
  • Employer communications
  • Witness data

Also, keep in mind that it is illegal for a company to penalize you for reporting or assisting with a claim of sexual harassment.

Make a complaint to the EEOC

Take your case to the next level if your employer does not settle the sexual harassment issue. Submit a formal sexual harassment complaint to the EEOC. You have a deadline for this kind of claim, so move swiftly.

By following the instructions given above, you can demonstrate to a judge that you took all necessary action to stop sexual harassment. It proves that you acted immediately as the issue happened and that your company did nothing to make things right. It establishes you as a reliable witness even if there is no other evidence to support your account.