Pursuing A Sexual Harassment Claim

Bernice Sandler

If you've exhausted your alternatives for dealing with sexual harassment at work, by confronting the perpetrator or asking for help in your workplace, it may be time to consider more formal approaches, such as:

File a Title IX Complaint With the Office for Civil Rights at the U.S. Department of Education

You can obtain more information about this from the Department of Education in Washington. Title IX covers all students and employees in institutions where there is any federal aid or assistance, including financial aid, going to the institution. You do not need an attorney to file such a complaint, although you have the right to file a Title IX lawsuit should you later desire to do so.

The investigation and findings may take a while. Sometimes you can speed up the process by asking your two Senators and Representative to write the Secretary of Education, asking that they be kept informed of the progress and results of the investigation.

File a Title VII Complaint with your local office of the Equal Employment Opportunity Commission or with the agency in your state that handles fair employment practices

Your State Attorney General's office can help you find the right department. The state and federal commissions work closely together. Title VII only covers employees, including student employees. You do not need an attorney to file a complaint. Should you desire to go into court to file a lawsuit you will need permission (usually given) from the EEOC.

File a Lawsuit

In addition to lawsuits files under Title IX and Title VII described above, you can file a civil lawsuit under state law, covering such areas as "intentional infliction of harm."

Press charges of sexual assault or sexual abuse if appropriate

Unwanted touching of one's private parts, such as breasts or genitals constitutes sexual assault or abuse in many states. Sexual assault and attempted sexual assault are illegal in every state. You would report your allegations to the police. You can take a friend with you when you report these allegations. It's best to do this as soon after the assault as possible.

Sexual Harassment Message Board for more help

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