How to Sue Your Boss for Sexual Harassment
What is Sexual Harassment?
Sexual harassment is a type of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. Since Title VII is a federal law, you can file a sexual harassment lawsuit against your boss in federal court.
Conduct that may be considered sexual harassment includes:
- Unwelcome sexual advances
- Requests for sexual favors
- Verbal or physical conduct of a sexual nature
You should take action if this kind of conduct is affecting any aspect of your employment, including your work performance, especially if it creates an intimidating, hostile, or offensive work environment. Don’t hesitate to contact an employment attorney if you are experiencing sexual harassment at work.
Keep in mind, your harasser can be your boss, a supervisor, a co-worker, a non-employee, or an agent of your employer. Your harasser can be of the same or opposite sex.
Responding to Sexual Harassment
You should take action if you are experiencing unlawful sexual harassment at work. Taking the following steps can help you build a strong case for when you file a lawsuit. Again, you should talk to an employment attorney as soon as possible.
Talk to your harasser
Although it might be unpleasant or awkward, it will put you and your harasser on the same page. He or she will know that his or her conduct is offensive and unwelcome. Remember, you will have to prove that the conduct was unwelcome when you file a lawsuit.
Document the sexual harassment
Having a written record can benefit you (and your employment attorney) in the long run. You should write down what happened, when it happened, and the names of those individuals involved. After all, memories fade with time. You can use this written record in preparation for a lawsuit.
Follow your company’s procedures for filing a complaint
If your company has a human resources department, you will likely be able to file a complaint with them. Sometimes employers have no procedures in place when it comes to filing sexual harassment complaints. If this is the case, you will need to make your management aware of the problem. Once aware, they should make an attempt to resolve it.
File a complaint with the EEOC and the PHRC
The Equal Employment Opportunity Commission (“EEOC”) is the federal agency that enforces civil rights laws (including Title VII). The Pennsylvania Human Relations Commission (“PHRC”) is the state agency that enforces civil rights laws. Your complaint can be dual-filed with both agencies. After an agency investigation, you will be granted permission to sue your boss for sexual harassment. This permission is granted through a “right to sue letter.” You have 90 days to file a lawsuit once you receive this letter.
Contact a KM&A Attorney for your Sexual Harassment Case
Sexual harassment in the workplace is a serious matter. Don’t hesitate to contact KM&A for a free and immediate consultation with a sexual harassment attorney. We represent clients in every county in Pennsylvania.
It is our philosophy that aggressively pursuing our clients’ interests means we have to be extremely accessible. In western Pennsylvania, call Pittsburgh at 412-626-5626. In eastern Pennsylvania, call Philadelphia at 215-618-9185. You can also email us at firstname.lastname@example.org.