How should I go about filing a sexual harassment case agaisnt my employer? 11 Answers as of March 29, 2012

I was sexually harassed by my supervisor. I reported this to our Human Resources Department but the case was dismissed. I have a feeling that this was because my supervisor is a good friend of the HR Manager. She has continued to send emails and notes with subdued sexual context. I am now thinking of filing a case not only against my boss but with the company for failing to listen to my problem. How should I go about filing a sexual harassment case? What are the chances of my winning this case?

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Law Office of Tadd Dietz, PLLC
Law Office of Tadd Dietz, PLLC | Tadd Dietz
Sexual harassment can rise to the level of being sexual discrimination which is prohibited under Title VII of the Civil Rights Act of 1964. "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment" constitutes sexual harassment under Title VII. See 29 Code of Federal Regulations Section 1604.11. Submitting employees to such sexual harassment, and taking adverse employment actions against employees that submit to or reject such sexual harassment is prohibited under the law. Further, covered employers are prohibited from creating a hostile work environment that that unreasonably interferes with the terms and conditions of the employees' work. Employers are also prohibited from retaliating against employees that complain about the illegal sexual harassment, file a charge of discrimination, or otherwise participate in employment discrimination proceedings. An employee alleging theses sexual harassment/discrimination claims must file a Charge of Discriminationagainst their employer within 180 from the last adverse employment action to preserve their claims. In Utah an employee can file the charge of discrimination with the Equal Employment Opportunity Commission, or with the Utah Antidiscrimination and Labor Division. See their websites for more information on filing a Charge of Discrimination with their agencies. This information does not constitute legal advice. If you are seeking legal advice regarding the specific facts of your case consult an attorney.
Answer Applies to: Utah
Replied: 3/29/2012
Pingelton Law Firm | Dan Pingelton
File a complaint with the Missouri Commission on Human Rights.
Answer Applies to: Missouri
Replied: 3/12/2012
Burton Employment Law | Jocelyn Burton
You should contact the California Department of Fair Employment and Housing or the United States Equal Employment Opportunity Commission immediately. Those agencies will assist you in filing a claim for sexual harassment. You are required to file a claim with one of those agencies before you file a lawsuit.
Answer Applies to: California
Replied: 3/12/2012
Law Office of Robert J. Slotkin | Robert J. Slotkin
You need to file a complaint with the Equal Employment Opportunity Commission(EEOC), which is a free service. They will assign an investigator which takes at least 6 months. After that, you are free to sue but are strongly advised to retain a lawyer. The suit is against the employer, not the supervisor. Most lawyers do these cases on contingency where they don't charge and take a percentage of what you settle for. The e/mails and notes are good evidence but in my experience you should have one or two witnesses who will vouch for what you are saying. It is also helpful (but not necessary) if she has done this before.
Answer Applies to: Florida
Replied: 3/12/2012
The Law Offices of Laura A. Walker | Laura A. Walker
Contact the EEOC to file a complaint then contact an attorney, it a long process but an you can find an attorney who will only charge if you prevail.
Answer Applies to: Wisconsin
Replied: 3/12/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It appears that you may have a case, and are accumulating the evidence necessary to prove sexual harassment. The question therefore is what are your damages? You should speak with and attorney..
    Answer Applies to: Michigan
    Replied: 3/12/2012
    Quitmeier Law Firm, P.C.
    Quitmeier Law Firm, P.C. | William M. Quitmeier
    My suggestion is that someone being sexually harassed should contact the EEOC (Equal Employment Opportunity Commission) in their area. The EEOC's or Missouri Commission on Human Rights' right to sue letter is a prerequisite to filing suit.
    Answer Applies to: Missouri
    Replied: 3/12/2012
    Fisher, Butts, Sechrest & Warner, P.A. | Matthew W. Birk
    I cannot evaluate your chances of success from the few sentences you provided. You should speak with an attorney and/or contact the Equal Employment Opportunity Commission, which can help you to prepare a charge of discrimination. Be careful, because your claim will be subject to a relatively short statute of limitations, so you should seek a consult immediately. Your employer will be aware of your charge, but anti-retaliation provisions in the relevant statutes preclude your employer from taking adverse employment actions against you for exercising your rights.
    Answer Applies to: Florida
    Replied: 3/12/2012
    Law Office of Dean B. Gordon
    Law Office of Dean B. Gordon | Dean B. Gordon
    You should contact the nearest office of the California Department of Fair Employment and Housing. Generally, you must file a claim with the DFEH within one year after the sexual harassment. You can go to their website for more information. They do not charge for their services. Alternatively, you can contact an attorney who represents employees in discrimination and harassment cases to learn more about your rights.
    Answer Applies to: California
    Replied: 3/12/2012
    Fox & Fox, S.C. | Richard F. Rice
    If you work outside the City of Madison, I recommend that you file with the Wisconsin Equal Rights Division. If you work in the City of Madison, call the Equal Opportunities Commission . Call an attorney if you would like to further discuss your case.
    Answer Applies to: Wisconsin
    Replied: 3/10/2012
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    You have to complain to the EEOC or the PA Human relations Commission within 180 days of the discriminatory act to preserve your claim. Then you can sue after that or accept mediation outcome / settlement offer.
    Answer Applies to: Pennsylvania
    Replied: 3/9/2012
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