How to Pursue a Sexual Harassment Claim

If a person has been sexually harassed in the workplace, the most important thing to do is to bring it to an end immediately. If he/she has already made a complaint to the management which was not pursued righteously, the time has come to think of other alternatives.

File a Title VII EEOC Claim

According to Hudson, NJ sexual harassment lawyers, you ought to approach the EEOC or Equal Employment Opportunity Commission, your state department of human rights, or equal employment opportunity agency. You can file a claim with any of these agencies on your own or with the help of a legal representative.

There is some salient advice right here: http://employment-law.usattorneys.com/jersey/. This is not the time to be GI Joe and try to handle this situation on your own. You certainly do not want to have a confrontation with everyone in the office staring at you. That will be hard to ever live down or walk away from.

Furthermore, you have 180 days to file a complaint in writing, although your application need not be a formal document. The only thing you are required to do is express all the facts related to your claim. You can do so by letter while some agencies accept complaints via email as well. Once you file a complaint the agency will contact you for more information.

The EEOC will give you a right to sue letter if their investigations and attempt to settle with your employer or defendant is unsuccessful. This will enable you to file your lawsuit in a court of law. Without the letter from the EEOC you cannot file the lawsuit.

Educational Institutions: File a Title IX Complaint

If you are an employee of a university, college, or school, receiving federal funding, you should file your complaint with the US Department of Education's OCR or Office for Civil Rights. The Title IX comes under the Education Amendments Act, 1972, covering every institution that receives any form of federal aid. The OCR will duly investigate your claim. In case you are not satisfied with the progress of your claim, you can contact your member of congress.

They have constituent services and might contact the State Secretary of Education, to seek information and the progress of the investigation.

Filing a Title IX or Title VII Lawsuit

You can file a lawsuit, in court if you remain unsatisfied with the result of your claim. In the case of a Title IX sexual harassment, you can go straight to the court, without going through OCR. However many prefer to file a claim with the OCR as it will pursue its own investigation which will be of great help to you. In the case of a Title VII lawsuit, you must file an EEOC claim first within the specified deadline of 180 days. It would be prudent to consult a Hudson, New Jersey sexual harassment attorney for help. 

Beyond Sexual Harassment

There are also several related claims that you might file in a lawsuit. If the abuse you suffered involves contact, you can file for a state law battery claim. If you have been subjected to physical sexual abuse or any other type of violence, or you have been assaulted, you may be able to file an assault claim. For abuses such as stalking, intimidation, and verbal abuse, it may be possible to file a claim of premeditated infliction of emotional distress. Your New Jersey sexual harassment lawyer will be able to identify the type of claim depending on several factors surrounding your case.

Criminal Sexual Assault and Abuse

If you are subjected to criminal charges of sexual misconduct, like touching your private parts, you should report it to the police immediately after you are assaulted. Whatever be the case, you need to hire a marvelous Hudson sexual harassment lawyer who can be found right here to take you through the various legal processes and make sure you harasser is made to pay for their crime.