How to Pursue a Sexual Harassment Claim

If you are sexually harassed in the workplace, the first thing to do is to make an attempt to stop it. The next important step under the circumstances is to complain to the management and if it doesn’t produce any positive results, you have to think of alternatives. Here are some of them according to sexual harassment lawyers in Sarasota, FL and one of the best in this areas of law is the Malatesta Law Office.

File a Title VII EEOC Claim

You ought to consult the EEOC or Equal Employment Opportunity Commission, the department of human rights or equal employment opportunity agency in your state. The agency will first conduct an investigation and if they fail to reach a settlement with your employer you will be given the opportunity to file your claim.

According to sexual harassment attorneys in Central Gulf Coast Florida such as the Malatesta Law Office, you must file the claim within 180 days of experiencing sexual harassment. The claim need not be forma but must state all the relevant facts to substantiate your claim and submit it directly, by letter, and even e-mail. Within a short time, the agency will contact you for more information.

Typically, the EEOC will give you the right to sue the sexual harassment offender and employer. This will pave the way for filing a lawsuit in court, which cannot be done without the permission of the EEOC.

We are not really talking about what was going on in the first season or so in the show Dexter. This is when Lt. LaGuerta was slightly sexually harassing Dexter. Dexter could have complained but Lt. LaGuerta eventually stopped this behavior. This was wrong but it was not terrible, frightening, intimidating, and did not make Dexter feel weak, pathetic, or was really meant to diminish him. People who sexually harass other people do that, perhaps not on purpose, but they are in effect diminishing the other person and they do not seem to care or mind.

File a Title IX Complaint for Educational Institutions

If you are employed at a university, college, or school that receives federal funding, you need to file a complaint with the OCR or the US Department of Education's Office for Civil Rights, under Title IX of the Education Amendments Act of 1972. This covers every institution that receives some kind of federal assistance, say Sarasota, FL sexual harassment lawyers and one of the best firms in the arena in this part of Florida who has a long list of satisfied clients is the Malatesta Law Office. This law firm works hard for their clients and the first meeting is free.

The Malatesta Law Office does not ask for any upfront payment and only receives a percentage of the final settlement. They are not paid until you are paid. They know this law well and know how to hit the other side where it counts.

The OCR will duly investigate your harassment claim. If you are not satisfied with the way your claim is progressing, you can address your complaint to a member of Congress. His/her constituent services will ask the Secretary of Education to follow the progress of the investigation.

Filing a Title VII or Title IX Lawsuit

If the outcome of your Title IX claim isn’t satisfactory, you have the right to file a lawsuit. It is not essential to file a claim with the OCR. You can proceed directly to court, preferably with a legal professional representing you. However, in the case of a sexual harassment lawsuit under Title VII, you cannot file a lawsuit without the sanction of the EEOC.

When Sexual Harassment goes Further

In a lawsuit, you can also make related claims such as the state law battery claim, whenever the abuse entails physical touching. If you are threatened with physical sexual harassment, or assaulted, you can file an assault claim. Factors such as intimidation, stalking, and verbal abuse will let you file a claim for what is termed intentional infliction of emotional distress.

Since the whole process of receiving compensation for sexual harassment in any form tends to be very complicated, it is always prudent to hire a Central Gulf Coast Florida sexual harassment lawyer to guide you through the entire process. As previously stated, you need to call the Malatesta Law Office if you are having any problems on this front.

You have sales meetings to attend too, you have vital phone calls to make, you have a report that is due, you have to conduct some research, you have to take this many calls in an hour, you have make sure the client is impressed to the best of your ability on this property, you have to file this many reports, you have to make sure the financials look right, whatever you do during the day work is work and you should not have to deal with some person making you feel uncomfortable. This is where Malatesta Law Office should come into the picture. You can find and see them right here: MalatestaLawOffice.