Difficulty: Moderately Challenging
Step1
Understand that employees are protected under state and federal laws against sexual harassment based upon the Civil Rights Act of 1964. State and federal agencies exist to protect and enforce the rights of an individual regarding sexual harassment.
Step2
Know the two categories of sexual harassment. Quid Pro Quo sexual harassment is abuse that is tolerated by the victim in order to keep her job or be eligible for raises and benefits. The "hostile work environment" type of sexual harassment interferes with a person's ability to work and is determined by the type of conduct (verbal or physical), the frequency of the harassment, who is doing the harassing and who the harassment is directed toward. Quid Pro Quo cases are usually based on a single incident; hostile work environment cases are based upon multiple incidents.
Step3
Follow workplace guidelines for handling sexual harassment before you file a lawsuit. Tell the person who is harassing you that the conduct is not welcome. Inform the human resources department of the sexual harassment and follow all guidelines. Take notes and keep all conversations about the sexual harassment in writing so you have a paper trail.
Step4
Contact a state or federal agency if your workplace procedures for dealing with sexual harassment fail you. To find a state or local agency that advocates for employee rights, look in the Yellow Pages of your phone book for advocacy groups. You can go straight to the Equal Employment Opportunity Commission, a federal agency, to file a complaint.
Step5
File a lawsuit after you have filed a complaint with the Equal Employment Opportunity Commission. Hire an experienced lawyer to work with you. As the plaintiff, you must be able to prove that you found the sexual harassing conduct offensive and that anyone else in your position would also have found the same conduct offensive.
