| Filing
a Charge with the Equal Employment Opportunity Commission
Victims
of sexual harassment can file a formal complaint with the Equal
Employment Opportunity Commission.
Under federal anti-discrimination laws, an EEOC complaint must be
filed within 180 days of the incident. It's important to know that
victims of sexual harassment can not usually take their complaints
to court until after they have exhausted the EEOC option.
In addition to federal anti-discrimination laws, many states have
civil rights legislation that provides additional protection against
harassment. Generally, state laws cover all employers who fall under
federal laws, as well as employers who are too small to be covered
by Title VII.
Some state laws have longer statutes of limitations than the federal
guidelines, and they may have other advantages as well. Both the
Michigan and New York state laws, for instance, allowed recovery
of damages before the 1991 Civil Rights Act was enacted. It may
also be easier and faster to get into state court than it is to
get a federal hearing.
| How
To Contact The
Equal Employment
Opportunity
Commmission
Call
toll free,
800/663-4801,
to find the EEOC office nearest you.
Contact the main office at:
Office of Program
Operation
Equal Employment
Opportunity Commission
1801 L Street, NW
Washington, DC 20507
Phone:202/663-4801
State Civil and Human Rights Offices
Check the government directory In your local phone book for
the address and phone number of your state Civil Rights or
Human Rights Departments. Some states also have a Department
of Women and Work that monitors sexual harassment Incidents. |
STEPS
TO FILING AN EEOC COMPLAINT
EEOC
charges of sexual harassment may be filed in person, by mail, or
by telephone. The Commission always acknowledges receipt of claims.
If you do not receive an acknowledgement letter within a short time,
you should contact the EEOC office,
An
EEOC officer will take a sworn statement from you and will also
interview your employer. The EEOC may interview witnesses concerning
your case, as well. Under EEOC internal procedures, you do not have
the right to examine the Commission's file on your case, but your
attorney may do so.
You must give the Commission at least 180 days to investigate the
complaint. Within that time, the EEOC should reach a decision. The
Commission may decide: that no reasonable cause exists for your
claim; or that your claim has merit and that you may sue your employer
if you so choose.
In rare cases, the Commission may decide to take your suit to court
for you.
Even if the Commission decides against you, it should issue you
a "right to sue" letter. You can then decide whether or not
you want to hire an attorney and take your employer to court.
Sometimes, in an effort to settle your dispute with your employer,
the EEOC will conduct a "conciliation conference."
If,
after 180 days, the EEOC has not issued a decision, you can request
a right to sue letter. If you then decide to take your case to court,
you must be sure to file your suit within 90 days.
If the EEOC dismisses your complaint and issues a right to sue letter
before 180 days have passed and before you have found a lawyer,
you may file a pro se complaint to avoid running out of time.
(A pro se complaint is a case that you file on your own behalf,
without an attorney) |
|
REMEDIES AGAINST SEXUAL HARASSMENT
State
and Federal EEOC
| Description: |
Agencies
that enforce state and federal civil rights laws. |
| Deadlines: |
Complaints
must be filed within specific time periods following the last
incident of sexual harassment. Federal employees have 90 days
to file complaints. Private and other public employees have
180 days. Some state laws allow more time than this, up to 300
days. Check the wording of your state law. |
Benefits:
|
Reinstatement,
back pay, or financial settlement. |
|
Remarks: |
The
EEOC has a huge backlog. In addition, agencies are required
to pursue mediation, a compromise between the victim and the
employer. |
Title VII-1964 and 1991 Civil Rights Act
Description:
|
Federal
legislation prohibiting sex discrimination in employment. |
| Deadlines: |
Same
as those listed for State and Federal
EEOC. |
Benefits:
|
Provides back pay, attorney's fees, and/or job reinstatement.
The 1991 Civil Rights Act allows for punitive damages as well.
There are monetary limits. These range from $150,000 at workplaces
with fewer than 100 employees to $300,000 at workplaces with
more than 500 employees. |
|
Remarks:
|
For workplaces with at least 15 employees. Must prove sex discrimination.
Trial by judge or jury. |
State Civil/Human Rights Laws
| Description: |
Similar
to Title VII, but varies by state. Often state laws are stronger
than federal laws. |
| Deadlines: |
Vary
by state; typically allowed more time to file than allowed by
federal law. |
| Remarks: |
May
not require minimum number of employees at workplace. May be
easier and faster than federal court. |
Worker Compensation Act
| Description: |
Operates
through State Division of Industrial Accidents. Offers benefits
for injury sustained on job. |
| Benefits: |
Weekly
wage benefits based on percent of income for period of disability;
medical benefits. |
| Remarks: |
Usually
awarded for physical injury. The victim must get a medical or
psychiatric evaluation. The employer's insurance is responsible
for the settlement. Some states bar damages for sexual harassment
when workers compensation is paid out. |
Civil Lawsuits
| Description: |
Breach
of contract, and various lawsuits based on common law claims,
such as assault, battery, or the intentional infliction of emotional
distress. |
| Benefits: |
Financial
compensation for employment losses and physical or emotional
injury. |
| Remarks:
|
Requires
private attorney; expensive legal fees. |
|
