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What You Need to Know Before Suing for Sexual Harassment

You Are a Victim of Sexual Harassment: What Are Your Next Steps?

If you find yourself a victim of sexual harassment at work, the steps you take next are crucial for your case. It's important to understand the legal procedures and requirements before you can file a lawsuit against your employer. This article will guide you through the necessary actions you must take to stand up against workplace harassment effectively.

Understanding the Process Before Filing a Lawsuit

Before taking legal action, it's essential to follow the prescribed steps to build a strong case. Here's what you need to know:

File a Complaint with Your Employer

If your employer has a sexual harassment policy and complaint procedure in place, you must first file a complaint internally. Most employers implement these policies to protect themselves and their employees, and oftentimes, this step can resolve the issue.

What If the Employer Fails to Act?

Unfortunately, not all employers handle these complaints appropriately. Victims may face adverse consequences, such as job loss, pay cuts, or unwanted relocations. If you're in this situation, know that there are legal recourses available.

Legal Requirements: The Role of Federal and State Agencies

Under federal law, particularly Title VII, and many state laws, victims are required to file a complaint with a relevant agency, like the Equal Employment Opportunity Commission (EEOC), before taking the matter to court. The EEOC aims to mediate disputes but does not decide cases. This step is often a prerequisite for a court to consider your lawsuit.

The Importance of Exhausting All Remedies

Courts typically require proof that you've attempted to resolve the issue with your employer first, a process known as "exhaustion." Failing to do so can jeopardize your case before it even begins.

Seeking Professional Help

If navigating these steps seems daunting, it's advisable to seek professional help. John J. Zidziunas & Associates offer experienced guidance for victims of sexual harassment in New York and New Jersey. Our team can help you through the process, safeguard your legal rights, and work towards an equitable resolution.

For further assistance, feel free to Contact Us.

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