Workplace sexual harassment is not an uncommon scenario and can happen to anyone. It is a form of gender discrimination prohibited under Title VII of the Civil Rights Act of 1964 and state laws. If you have faced sex discrimination in your job, you can take legal action against the harasser and punish them.
However, you must be careful about when you file your complaint. When you experience sexual harassment, you may not know how to respond. However, you must react quickly to ensure the statute of limitations is not expired. An employment attorney virginia can help you file your claim at the right time and prevent you from making costly mistakes.
Filing a claim with the EEOC
Employees typically first file the complaint with their company through a written document, according to their internal procedures. However, if your company or employer fails to take quick action on your complaint, you can file the complaint with the EEOC as well.
EEOC stands for Equal Employment Opportunity Commission, and it handles all Title VII claims. If you are going to file a sexual harassment complaint with the EEOC, you must understand their time limits before doing so. The agency requires the victim to file their complaint within 180 days of the alleged incident.
However, if your state has different time limits than the EEOC, the time limit may exceed from 180 days to 300 days. Regardless of the amount of time you have, it is essential to file the claim as soon as possible.
What happens after filing the claim?
After you successfully file the claim, your employer should receive a notice of the charge within 10 days of filing. The agency begins an investigation on your case after the complaint is filed. As the EEOC gets many complaints, the investigation may not start immediately.
The EEOC prioritizes cases on the level of their severity based on the information provided. During the investigation, people from the agency may visit your workplace and conduct interviews with your employer, colleagues, and other people.
In case the EEOC is unable to determine whether the employer has violated a law, the employee receives “Notice Of Right To Sue,” which allows the employee to file a court lawsuit against the employer. After receiving this notice, the employee has a 90-day time limit to sue their employer.
If the EEOC investigation indicates that the employer violated discrimination laws, they try to reach a voluntary settlement. If they fail to do so for some reason, the case is then referred to EEOC’s legal staff, which decides whether to file a lawsuit or not.
If you are faced with sexual harassment, it is essential to hire a skilled attorney and take legal action. The more time passes, the more you allow your case to weaken.
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