How to file a harassment suit

The best way to prove unwelcomeness later is to show that you told the harasser you were offended by the behavior. If the situation doesn't improve, consider putting your concerns in writing. Keep a copy for yourself. If your conversation doesn't resolve the problem -- or if you decided to skip the conversation altogether for example, because you feared for your safety -- the next step is to make an internal complaint. Check the employee handbook or ask your HR department how to file a harassment or discrimination complaint.

Then, follow those instructions to the letter. Again, keep or ask for a copy of the complaint for your files. By complaining, you are giving the company an opportunity to investigate and resolve the problem. But you are also preserving your legal rights. In a harassment case, for example, your ability to hold the company liable rather than just the individual person who harassed you hinges on whether the company knew about, and had an opportunity to remedy, the harassment. If you are being harassed by a manager and the end result is a tangible job action against you such as being fired, demoted, or denied a raise , the company will be liable.

However, if you are being harassed by a coworker, or by a manager who doesn't take this type of work-related action against you, the company can claim that it did not know about the harassment.

By making an internal complaint, you are changing that situation: The complaint puts the company on notice of the problem and makes it liable for fixing it. In a discrimination case, making an internal complaint also puts the company on notice of the problem. If the company then fails to take effective action to improve the situation, you might have a stronger argument for punitive damages: damages intended to punish an employer for egregious behavior, which can be the largest part of a damages award in a discrimination lawsuit.

There are different types of harassment, but generally a harassment lawsuit begins because a person repeatedly behaved in a manner that was perceived as intrusive or threatening. If the accused person's words or actions made another person feel less safe or secure, there may be a basis for a harassment lawsuit. In some cases, making certain gestures and intruding on another person's privacy may be considered grounds for a harassment suit as well. Sometimes a person will seek a restraining order to deal with harassment that has caused him to feel threatened.

If a restraining order is granted, it requires the accused person to stop his actions and stay away from the petitioner. For example, maybe you stopped participating in an activity because your harasser would always be there. That indicates a loss that you can put a price tag on.

Lawyers are good at deciding how much these things might be worth. Draft a complaint listing your allegations and damages. Once you have your evidence and damages together, you'll work with your attorney to compile a list of allegations against your harasser. These allegations go into your complaint, which gives the court and your harasser a summary of what you intend to prove in court. Your complaint won't necessarily include every instance of harassment.

Your attorney will choose the strongest allegations that they believe can be proven in court. File your complaint with your local civil court.

Once your complaint is done, your attorney will take it to the clerk's office and pay the filing fees to initiate your lawsuit. You'll get a file-stamped copy of your complaint back, which you'll need to keep. If you've hired an attorney, they'll usually pay the court costs on your behalf when they file the lawsuit.

Have your harasser served with your complaint. Once your complaint is filed, it has to be delivered to your harasser. Typically this is done by a sheriff's deputy. If you don't have an address for your harasser, talk to your attorney. They'll have resources to locate the person.

If you have an attorney, they'll pay this fee on your behalf. Wait for your harasser to answer the complaint. Your harasser has a limited period of time after they're served with your complaint to file a written response — typically less than 30 days.

If they don't file an answer, you may be eligible to win your case by default. Work with your attorney to complete the discovery process. Assuming your harasser answers the lawsuit, the case enters discovery. You and your harasser will exchange evidence and ask each other questions about the case. This is when your harasser or a witness is asked questions under oath by your attorney. If your harasser has an attorney, they may want to depose you as well.

Participate in a court hearing if the case has not settled. If your case is one of the rare ones that doesn't settle, a trial date will be set. On the day of the trial, you and your harasser will appear in court and present your cases to the judge. While you're expected to be there, you don't necessarily have to testify as a witness if you don't want to. Keep in mind that if you testify, that means your harasser or their attorney, if they have one will also be able to ask you questions.

Include your email address to get a message when this question is answered. This article describes how to report and protect yourself from harassment in the US.

If you live in another country, the laws may be different. Report the harassment to your local police immediately and seek assistance from a local attorney.

Helpful 2 Not Helpful 0. You Might Also Like How to. How to. More References About This Article. Written by:. Jennifer Mueller, JD.

Co-authors: 2. In cases dealing with discrimination suffered under the Equal Pay Act, victims may either sue or file a charge with the EEOC, and they have two to three years to do the latter.

If you wish to file a lawsuit before the EEOC completes its investigation, you can request a Notice of Right to Sue through the portal. If you feel like your case isn't being handled properly or that your employer is discriminating against you because you filed the complaint, it's wise to contact an attorney for further advice. While filing a harassment claim can be stressful for all parties involved, the EEOC does try to ensure that claims are settled fairly.

The complaint process is different for federal employees. The EEOC provides an in-depth overview of the process at their site, but the main differences are:. The EEOC may follow up by requesting documents, interviewing witnesses, or speaking with your employer. The information contained in this article is not legal advice and is not a substitute for such advice.

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