Workplace Harassment Lawsuit
(3 Step Guide On How to File One)

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What is Workplace Harassment?

Workplace harassment involves unwelcome and offensive conduct that is based on race, color, national origin, sex, religion, disability, age, or genetic information. The behavior is not always as easily recognized, as it may be part of a much wider variety of misconduct.

Workplace harassment is best described as any conduct that makes the workplace abusive, uncomfortable, or intimidating. In order to rise to the level of illegality, workplace harassment must be severe, pervasive, and reasonably offensive.

Examples of Workplace Harassment

Examples of workplace harassment include offensive or derogatory jokes, racial or ethnic slurs, pressure for dates or sexual favors, unwelcome comments about a person's religion or religious garments, or offensive graffiti, pictures, or cartoons.

Related Article: What is a Right-to-Work State?

What to do if You're the Victim of Workplace Harassment

You should take the following steps if you've been the victim of workplace harassment or a hostile work environment:

1. File a complaint with your Human Resources (HR) department. If the offender fails to quit the behavior, you need to make the complaint in writing. Act immediately if you fear for your safety. After you file a complaint with HR, allow them to investigate the matter and resolve the harassment.

2. If the harassment has not ceased at this point, you should hire a lawyer to file an administrative charge with a federal and/or state agency. Filing an administrative charge is not a lawsuit; instead, you are notifying the federal agency about the harassment.

Filing with a federal or state agency and obtaining a right-to-sue letter is a necessary step prior to filing a lawsuit. Without a right-to-sue letter, your lawsuit will automatically be thrown out. Once you file this charge, the agency will notify your employer and then either dismiss, investigate, or request that you and your employer work together to settle or mediate the dispute. It is possible that the agency may file a lawsuit for you, but this only happens in extraordinary circumstances.

3. File a lawsuit – Once the agency has completed its investigation and you have received a right-to-sue letter, you can file a workplace harassment lawsuit. Be aware that there is a short time frame in which you can file the complaint from the date you received the right-to-sue letter. Consult a harassment lawyer immediately to learn more about your legal rights.

Related Articles:

• Types of Protected Classes in California
• What Is Retaliation in the Workplace?
• What is a Workplace Investigation?

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The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers focusing on plaintiffs' representation in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with such matters, you should contact Schmidt & Clark immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.