What Should You Know About The Sexual Harassment Law?
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Workplace sexual harassment is something that violates your rights and you can take the perpetrator to court. The sexual harassment law clearly describes what kind of action can be classified as such. This can include anything from unwelcome sexual advances to such physical conduct. Before you consider filing a lawsuit, it is recommended to know more about the relevant law.
Read Your Company Policy
Besides the sexual harassment law, you should also check your employment company’s harassment policy. It will also give you insights into what constitutes as sexual harassment and what actions you can take. Even bad jokes, comments, touching, asking for dates repetitively, or staring often can be classified such an act. Make sure you get familiar with the policies of your company. It can help you create solid grounds for building a stronger case.
Follow Your Gut Feeling
Even if the policies don’t define the kind of behavior to be sexual harassment, you should always follow your gut feeling. The fact is that most people understand what kinds of acts do qualify for sexual harassment. Most workers know that what they experienced was wrong, but don’t know what steps they can take to fight it.
File a Complaint with the EEOC
Usually, the sexual harassment law requires a victim to file a complaint with the proper authorities before being able to file a lawsuit. The first step you should consider is complaining to the employer itself. If that doesn’t help or if you don’t trust your employer, you should file a formal complaint with the Equal Employment Opportunity Commission or EEOC. Else you could also file complaint with your state’s fair employment office.
Even when a lawsuit is on your mind from the very beginning, it may be mandatory in your state’s law to first file a complaint with an authority. If you want to make claim under the federal law, you will have to file it with the EEOC. If you want to make a claim under state law, file it with the state agency.
When to File a Lawsuit?
Once you file a claim with the state agency or EEOC, it will look upon your case and prosecute on your behalf. However, most of the cases are not prosecuted by such agency. In fact, the agency usually issues you the right to use. You can then find a good lawyer son your own to file a lawsuit against your employer under the sexual harassment law.
On the other hand, if the investigation conducted by the agency doesn’t get you the desired results, you can think of filing a lawsuit. Sometimes the settlement offered may not be to the satisfaction of the victim. You can then decide whether to take the legal course through your lawyer.
Choose a Specialized Lawyer
Once you have decided to file a lawsuit, you should choose an attorney who is specialized in sexual harassment law. Discuss your situation and case with them and find out what they have to say about your prospects of winning. Make sure they are experienced and have handled many cases similar to yours.