The idea of taking legal action is daunting to many employees who’ve suffered sexual harassment at work. It’s natural for victims of inappropriate workplace behavior to feel nervous about the unknown and complicated process involved in holding someone accountable for their abuse. However, understanding the legal steps that make up a sexual harassment lawsuit can help relieve your anxiety and ensure you’re informed if you decide to take action.
This blog post will walk through the structure of a workplace sexual harassment lawsuit and explain what employees can expect at each stage.
Consultation and Case Evaluation
Meeting with an attorney is the first step in any sexual harassment lawsuit. During your initial consultation, a lawyer will ask detailed questions about your experiences and evaluate whether the mistreatment you faced aligns with Arizona or federal laws against workplace sexual harassment. Bring as much documentation as possible to this consultation to tell your story. This could include emails, text messages, pictures, or written notes about incidents of harassment.
At the meeting, your sexual harassment attorney will also explain your rights and options for legal remedies. Your lawyer should also explain how to identify employer retaliation for reporting harassment, which is illegal in Arizona.
Complaint Filing
If your attorney determines you have grounds for a sexual harassment claim, the next step is to file a formal complaint. Both federal and Arizona laws require employees to file an administrative claim with the Equal Employment Opportunity Commission (EEOC) or the Arizona Civil Rights Division (ACRD) before pursuing a sexual harassment in the workplace lawsuit. These agencies will review your workplace harassment claim and may try to help you resolve the issue through mediation.
If you don’t want mediation or it fails, the agency can grant you a “right-to-sue” letter. Your attorney will then file an official complaint requesting a judge be assigned to your case so you can take your claim to court.
Discovery
Once the lawsuit is filed, the discovery process can begin. Discovery is when the two sides exchange information and gather evidence to support their claims at trial. This process can include:
- Document requests—sharing emails, communications, personnel files, and other relevant records;
- Dispositions—oral interviews given by witnesses and others involved in the claim; and
- Interrogatories—questions sent by one party to the other requiring written responses.
As the plaintiff bringing the lawsuit, you will likely be deposed. During the deposition, your lawyer and the other side’s counsel will ask you questions under oath about your experiences. If the other party asks inappropriate questions, your lawyer will be there to object and advocate for you.
Mediation and Settlement Negotiations
At this stage, you can still resolve a sexual harassment lawsuit before trial. Your attorney will advise whether third-party mediation or settlement discussions could help you reach a favorable outcome.
In many cases, settlement can be a faster and less stressful way to end a claim than litigation. A settlement is a legal agreement between the two parties that formally resolves the lawsuit without a ruling on the issue.
As a contract, a settlement includes specific terms and obligations that both parties consent to, such as an agreement to drop legal action, pay monetary compensation, or maintain confidentiality about the details of the dispute.
It’s important to weigh any settlement offer carefully. Your attorney will explain the terms and help you determine whether the proposed arrangement meets your needs.
Trial and Resolution
The case will go to trial if you don’t reach a resolution through settlement or mediation. During the trial, your attorney will present evidence, question witnesses, and argue your case before a judge or a jury. The other party’s legal counsel will do the same.
You may be called as a witness to tell your story and answer questions before the court. Your attorney will help you prepare for this beforehand. They will also help guide you on best presenting yourself during testimony and the rest of the time in court.
Once both sides have presented their cases, the judge or jury will deliberate and make a decision. If your case is successful, you could receive financial compensation, job reinstatement, or other remedies for the wrongdoing you suffered.
Take the First Step Toward the Justice
Navigating a sexual harassment lawsuit requires a dedicated and experienced advocate. With over 50 years of combined experience, Shields Petitti & Zoldan is proud to have recovered millions in compensation for clients who’ve faced mistreatment and abuse in the workplace. Our attorneys are known for their compassionate client representation, aggressive litigation strategy, and unwavering commitment to justice.
If you’re considering a sexual harassment at work lawsuit, we can help you understand your options and fight for your rights. Contact us today to schedule a consultation and take the first step toward your resolution.
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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