Employment Discrimination Blog

What You Need to Know Before Suing for Sexual Harassment

Published on 11th June, 2014 under Sexual Harassment

You are a victim of sexual harassment. After months of abuse, you decide it is time to sue your employer. You plan to get an attorney, quit your job, and sue.  While you are right to stand up against harassment, you may not be ready to file a lawsuit.

Before you can sue your employer, you must file a complaint with your employer if there is a sexual harassment policy and complaint procedure. Most employers have this to protect themselves. This sexual harassment policy and complaint procedure can often times remedy the sexual harassment situation.

Some employers get it wrong by doing too little or nothing at all. In some cases, sexual harassment victims suffer adverse consequences such as losing their job, getting a pay decrease, or being relocated to an undesirable location.

What to Do if This Happens to You

Federal law and many state laws require you to first file a complaint with an agency tasked with enforcing discrimination statutes. Under Title VII, the federal law prohibiting sexual harassment in the workplace, you must file a complaint with the EEOC before you can bring a complaint to court. The EEOC does not decide cases, but often times, can help mediate disputes.

Even when the EEOC cannot bring about a resolution, a court will often require “exhaustion.” This requires the victim to bring the claim to the employer first and “exhausting” any potential for a remedy. Failure to follow these steps before filing your lawsuit could end your suit before it even begins.

If you need help filing a complaint with your employer or the EEOC, contact John J. Zidziunas & Associates for assistance.  Our experienced New York & New Jersey sexual harassment lawyers can guide you through the process, protect your legal rights, and help you arrive at an equitable solution. For further information, please feel free to call us at 973-509-8500, email info@jjzlawfirm.com, or visit our webpage at employmentdiscrimination.com.

DISCLAIMER: This web log is not legal advice, nor should it be construed to be legal advice or the offering of legal advice. It should not be read as guaranteeing or suggesting any particular outcome in any Court will occur in any particular case. It is not, and should be read as, a complete or authoritative analysis of the state of law, which is constantly subject to change.