How to file a legal case against a workplace harasser
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Under federal law, it is unlawful for anyone to harass another person in the workplace. Unfortunately, this often does not deter individuals from doing exactly that.
In the U.S. alone, up to 52% of employees have experienced or witnessed harassment first-hand. More than 46% of workplace harassment victims confirmed they were harassed on more than one occasion.
Moreover, 24% of those harassed leave the company they have worked for many years. And, perhaps even worse, 37% of harassment victims confirmed they experienced harassment from a senior person in the business.
Around 75% of victims who spoke out faced severe retaliation. This is exactly why some victims suffer in silence and never tell anyone about what is happening to them.
It is important to know that you can file a legal case after workplace harassment. No one deserves to feel unsafe or uncomfortable at work.
Experiencing harassment can create an incredibly hostile environment. Working in such a setting can impact your physical and mental health. It can also affect your job performance.
The following guide will help you hold a workplace harasser accountable.
What is workplace harassment?
There are three factors to consider when unsure whether specific behavior constitutes harassment. Under federal law, behavior or conduct that is unwelcome is harassment. If it is severe and invasive, it is harassment. If it interferes with your work performance, it is harassment.
Types of workplace harassment
There are three main categories of harassment: visual, verbal/written, and physical. Several different types of harassment fall within one or more of these categories and include the following:
Discrimination
If someone at work is bullying you because of your sex, gender, race, religion, color, or nationality, it is discrimination. You may get slurs hurled your way or degrading comments made about your heritage. The harasser may share insulting jokes or be intolerant about sharing a space with you at work.
Discrimination harassment can also be gender-based. You may be insulted over your choice of career (the harasser may mock you for choosing a job that is traditionally meant for another gender).
Or, as a female, you may be harassed by a male harasser who displays vulgar or degrading material at work aimed at embarrassing you.
Other forms of discriminatory harassment include religious, sexual orientation, and age-based harassment.
Physical harassment
Physical harassment can be terrifying. If someone directly threatens you or attacks you with the intent of inflicting harm, it is physical harassment. Moreover, if you work in a government agency, hospital, social service offers, or school, you are at a higher risk of physical harassment.
Personal harassment
Personal harassment is hard to prove but can also inflict the most damage. It is bullying based on what you look like or your personality. This harassment tactic usually includes rude, critical remarks and intimidation.
Psychological harassment
This type of harassment can also be difficult to prove, especially if the person doing it always ensures there are no witnesses around. Psychological harassers belittle and discredit their victims. They may spread vicious rumors about them and even gaslight them.
Other forms of harassment
Other forms of harassment include online, power, retaliation, sexual, quid pro quo, and third-party harassment. Harassers use any information or situation to their advantage to harass their victims.
Considerations before taking legal action
If you are hesitant to take legal action against your harasser, you could consider another option first.
Consider confronting the person who is harassing you. Telling the person that you want them to stop doing what they are doing may be enough to stop the behavior. But if the situation does not improve or worsens, you should file a complaint with the company.
If the company has an anti-harassment policy, you can report the harassment using the procedure outlined. You can report it to your direct supervisor or HR department. It is crucial to have documented notes about when the incidents took place, including dates, times, and locations (within the company).
The company is obliged to investigate your claims. The company (owner and managers) must know about the situation. It is the only way they can take action. Thus, if the person harassing you is a senior staff member or manager and you get fired after complaining, the company can be liable.
It would help to talk to someone you trust, like a family member or friend. You need all the support you can get while working through this situation.
Filing an administrative case
If the internal reporting process does not yield positive results, you can file a harassment lawsuit.
However, you must file an administrative charge with the EEOC (Equal Employment Opportunity Commission) or another state agency before you can do that. Your case will not prosper if you have not filed a charge before filing a lawsuit.
You have 180 days to file a charge after the most recent harassment incident. However, if your state or local agency enforces laws that bar employment discrimination on the same basis, your deadline is 300 days.
Once you have filed an EEOC charge, they will notify your employer. The agency may dismiss your charge. They may investigate further or ask you and your employer to mediate the situation.
Otherwise, they will process your claim and give you a ‘right to sue’ letter, which you can use to file a lawsuit.
At this point, you should consult a lawyer if you have not already done so. Your lawyer will help you file your lawsuit and advise you on what to include. They will also represent you when your case goes to court.
After the lawsuit
You may settle your lawsuit before it goes to trial. Your company may not want to damage its reputation with a public lawsuit, so it may offer a settlement and changes to company policy.
If the case goes to court, you may receive damages to compensate for emotional distress and other consequences of the harassment. You could also be reinstated if you were wrongfully terminated.
This does not mean you have to return to work if you do not feel comfortable doing so. You could also seek another career path in another place that does not remind you of what happened.
Workplace harassment is a serious and ongoing issue in several American workplaces. Thus, if this happens to you, you can use the legal system to hold your harasser accountable and prevent the same thing from happening to other employees.
