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. |
|
