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. |
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