According to the U. Sometimes, it can be difficult to know whether or not an incident can be deemed illegal. In general, there are two types of harassment in the workplace : quid pro quo and hostile work environment.
Quid pro quo harassment is a type of sexual harassment that includes an imbalance of power, such as between a subordinate and a supervisor, or a recruiter and a candidate. In quid pro quo harassment, there is an exchange of sexual favors for a benefit, whether coerced or not. A few examples of exchanges that may be involved in quid pro quo harassment are:. On the other hand, hostile work environment harassment includes both sexual harassment cases and incidents of discrimination, including harassing someone based on their national origin, sexuality, or religion.
Hostile work environment occurs when the harassment creates an unfavorable or, namely, hostile environment for those involved or even witnesses. Instead, anyone who feels that repeated harassment is making the workplace a toxic and uncomfortable environment to work in can step forward and file a complaint. Here are some examples of hostile work environment harassment:. So, how do you differentiate between harmless jabs and unlawful harassment?
To start with, here are a few examples of things considered harassment:. In short, you can sue both your employer and the harasser for harassment. You can sue your employer for damages, including:. So, how do you know if you have a strong enough case to sue your employer and harasser? It depends on the frequency and severity of the incident.
It also depends on whether or not you can prove the harassment has taken place. It is described as unwanted, belittling, or threatening behavior directed at a coworker or group of coworkers. It can manifest as verbal or physical harassment based on race, ethnicity, religion, sex, gender, identity, age, or disability. This conduct creates a hostile or abusive work environment. Most people think of sexual harassment when they think of workplace harassment claims.
To date, there are no actual laws stating that workplace bullying is illegal. There are certain behaviors that can be deemed illegal and therefore punishable by the law, or you may be able to receive compensation through a lawsuit. Workplace harassment can be behavior such as verbal abuse, humiliation, interference in your job duties, or even intimidation and threats. It can escalate into physical altercations like pushing and shoving, but if that occurs, you may have a case for assault charges as well as harassment.
Harassment and bullying in the workplace are hard to prove because much of the damage may occur when no one else is around; such is often the case with sexual harassment. In other cases, other employees might be too afraid to come forward out of fear of losing their jobs or of retaliation from the bully. You need to document each and every time you are harassed so your company can get it on record.
The more information you have and any documents you can provide to your lawyer in the event of a lawsuit, the better. Along the same lines, keep detailed notes yourself of dates, times, and the type of harassment you received.
However, you can call ahead and give some of your personal information over the phone. The number is You only have days to file your charge. If your state also has anti-discrimination laws, then the deadline can be extended to days. Write a letter. You can also file a charge by writing a letter. Mail the letter. You should mail the letter to the EEOC field office nearest you.
Send it certified mail, return receipt requested. Also save a copy for your own records. Find your state agency instead. If your state has anti-discrimination laws which protect against harassment, then you could file your administrative charge with your state agency instead. In some situations, only federal law will apply. For example, your employer might only have 10 employees. To be covered by federal law, it needs to have at least 15 employees or at least 20 if you are claiming harassment based on age.
File a state administrative charge. Your state agency will probably ask for similar information as the EEOC. The complaint process will vary by state, but you generally will be able to file in the following ways: Walk in. Staff will listen to your complaint to determine whether or not you are covered by the state law. By letter. You can write a letter to your state agency. You should include all of the information that you would include in a letter to the EEOC.
Your state agency may also have a form you can download and complete. Your state agency may have an online form you can complete. The agency will typically follow up to gather more information. Part 3. If you filed with the EEOC, then you generally will get the letter after the agency has closed its investigation.
Draft a complaint. You start a lawsuit by filing a complaint with the court. In the complaint, your lawyer identifies you and the defendant and also explains the harassment. You also make your demand for monetary compensation in the complaint. Make sure to ask for a copy of all court documents filed on your behalf. In federal court, there often will be. File the complaint. You have to file the complaint with the court and pay a filing fee.
The amount of the fee will differ depending on the court. In federal court, you will typically pay several hundred dollars. If you are representing yourself, you can still generally file in person, though you should talk to the court clerk about this.
Send notice to the defendant. You must notify the defendant of the lawsuit. Your lawyer can do this by sending the defendant a copy of the complaint along with a summons, which gives the defendant a deadline for responding to your lawsuit. Generally, you can give notice by hiring a private process server to make delivery. You can find process servers in the phone book. This person cannot be a party to the lawsuit. Prepare for your trial. The pre-trial preparation is lengthy.
You will also probably file motions with the court. A motion is a request for the court to do something. One common motion is a motion for summary judgment, which you can expect the defendant to file. You can also expect to be in and out of court many times during the pretrial period.
You might have an argument with the defendant about handing over a copy of a document. This pretrial period can last over a year.
If you do not want to wait that long, then you should think about negotiating a settlement. Consider settling outside of court. You can get compensated for your injuries and avoid trial by settling the lawsuit. The EEOC or your state agency might encourage you to settle your dispute with your employer.
The EEOC, for example, may offer mediation free of charge. Settlement has many advantages.
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