No one should have to endure sexual harassment to make a living. However, too many employees who suffer harassment at work are too unsure or intimidated to speak out about their mistreatment.
In this blog post, we’ll explain how to file a sexual harassment complaint at work. We will discuss what harassment looks like, when to file your complaint, and options for taking legal action.
For immediate assistance, please call 602-718-3330 or fill out our online form today.
Before Filing a Sexual Harassment Complaint at Work
First, it is essential to understand what workplace sexual harassment is. In legal terms, sexual harassment is a form of employment discrimination that targets individuals based on sex. It can involve a variety of unwelcome sexual behaviors, comments, and actions, including:
- Inappropriate comments about someone’s clothing or body,
- Sexually explicit jokes or stories,
- Unwanted intimate touching or physical contact,
- Pornographic images or videos,
- Unwelcome advances,
- Requests for sexual favors, and
- Repeatedly asking for dates.
Many people assume that women are the primary victims of sexual harassment. However, anyone of any gender can experience it. Additionally, any person in the work environment can perpetrate sexual harassment. This includes managers, supervisors, executives, third-party contractors, clients, and customers.
How to Report Sexual Harassment in the Workplace
When you feel uncomfortable because of someone’s unwelcome sexual behavior or speech, it’s time to get help. Here is how to file a sexual harassment complaint at work:
- Inform your supervisor. If you are comfortable, talk to a manager about what is happening and how it affects you. They may be able to intervene and help stop the behavior.
- Document the incidents. Keep a detailed record of when, where, and how the harassment happens. Save any emails, text messages, notes, or images involved. Make notes of any witnesses who may have observed the incidents.
- Read your employee manual. Companies often have written policies outlining how to report sexual harassment internally to your supervisor or HR. Follow these instructions closely and carefully.
- Submit a written complaint. Draft a complaint detailing the inappropriate behavior you experienced and your efforts to stop it. Send a copy of your complaint to HR or a high-level manager.
Employers have a legal duty to investigate and address sexual harassment complaints promptly. This includes responding with appropriate corrective action, such as reassigning work duties, issuing disciplinary warnings, and suspending or terminating the responsible employee.
How to File a Sexual Harassment Lawsuit
If your employer ignores your complaint—or worse, punishes you for it—you may be able to take legal action against them for failing to protect your rights.
Sexual harassment is illegal under US and Arizona employment law. If your company has over 15 employees, you can file a complaint with the Equal Employment Opportunity Commission (EEOC).
The EEOC enforces federal sexual harassment law under Title VII of the Civil Rights Act. If your company is too small to fall under the protections of Title VII, you can file a sexual harassment complaint with the Arizona Civil Rights Division instead.
Each agency will review your complaint and can issue you the right-to-sue notice you need to file a lawsuit. Be aware: there’s a 180-day deadline for filing your complaint with either agency. If you miss that deadline, you could miss your opportunity to get justice for violating your rights.
To prove your claim, you must show that you suffered one of the two legally recognized types of sexual harassment:
- Quid pro quo harassment. Someone in a position of authority offered you job benefits for engaging in unwanted sexual conduct. The request for sexual favors could be explicit or simply suggested and includes threats of punishment or negative job consequences for refusing sexual advances.
- Hostile work environment sexual harassment. Someone’s unwanted sexualized behavior becomes so frequent and severe that it prevents you from doing your job. In this situation, you must also show that your employer failed to adequately address the hostile and offensive atmosphere created by this behavior.
Proving sexual harassment requires extensive evidence and thorough knowledge of state and federal law. That’s why it’s essential to seek the support of a legal professional in a sexual harassment lawsuit. With the help of an experienced sexual harassment attorney, you could be eligible to receive financial compensation for the harassment you suffered.
Shields Petitti & Zoldan, PLC: Trusted Employee Advocates
If you were ignored or punished by your employer after filing a sexual harassment complaint at work, contact an attorney immediately. Shields Petitti & Zoldan, PLC works to empower employees who’ve suffered harassment and discrimination at work to speak out and get justice.
Our attorneys have the deep knowledge of state and federal law that comes with five decades of collective experience fighting for Arizona workers. Contact our office today to learn more about how we can help you.
Attorney Michael Zoldan provides legal counsel to individuals and small businesses throughout Arizona. Mr. Zoldan’s practice is based on aggressive and detail-oriented representation, focusing on employment discrimination, wage and hour disputes, harassment, and wrongful termination. Prior to forming Shields Petitti & Zoldan, Mr. Zoldan worked for numerous law firms where he had an opportunity to hone his litigation skills by working on multiple litigation cases at a time with some of the most skilled litigators in the state.
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