An employee’s initial reaction may be to file a complaint with their HR department to address sexual harassment. How HR addresses a sexual harassment complaint can depend on the harasser’s position in a business or company. Their role or title may prevent corrective measures against them and even lead to retaliation against you.
Knowing how to file a sexual harassment claim in California depends on the laws that apply to your case. Seeking an Orange County sexual harassment attorney is crucial to avoid mistakes and proceed more confidently with your claim.
File a Complaint With the Appropriate Agency
Documentation is pivotal to supporting a complaint and claim of sexual harassment. Before filing a complaint, gather any evidence, including emails, texts, phone calls, and employment documentation that supports your claim. You generally have three years from the date you last experienced sexual harassment to file a complaint.
Filing a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) may be possible. California sexual harassment laws offer numerous benefits to individuals who choose to file a complaint. State law may provide additional time as well. The governmental agency you file a complaint with generally files a complaint on your behalf with the other agency.
CRD will investigate the complaint based on the evidence and applicable laws. It may seek to resolve the case through its Dispute Resolution Division or conciliation. CRD will close the investigation when the evidence does not support your complaint and the department finds no reasonable proof of a violation of the law.
Obtain a Right to Sue
When reasonable cause exists, CRD may pursue a lawsuit in court against a negligent party for sexual harassment on your behalf. The agency may require parties in a complaint to use mediation to work toward a resolution.
You may also forgo the CRD investigation process and work solely with an Orange County sexual harassment attorney. In order to do so, you must fill out a Right to Sue form online or print a copy to mail. Obtaining the right to sue prevents CRD from further investigating your claim, regardless of whether you proceed with a legal claim or not.
The EEOC requires that you file a Charge of Discrimination before you can legally file a job discrimination lawsuit for sexual harassment. The EEOC can file a lawsuit for you when reasonable cause exists or issue you a Notice of Right to Sue after completing its investigation. Requesting a Notice of Right to sue before completing an investigation terminates the EEOC’s inquiry into your charge.
File a Sexual Harassment Lawsuit in California
Choosing to file a lawsuit and eliminate a governmental investigation process will require a review of the evidence that supports a sexual harassment claim. With an Orange County sexual harassment attorney’s guidance, you can determine the most effective approach. You generally have one year from the date you obtain the right to sue to file a lawsuit.
Reviewing your company’s sexual harassment policies with a legal advocate can provide instruction on submitting a complaint to the HR department. Your legal representative can also review your documentation and suggest additional evidence to gather. Discussing your claim with an attorney can help you craft a statement free of ambiguous language and work to protect against potential retaliation.
Deciding to file a sexual harassment claim is a personal choice, but one that may help you recover damages and pursue justice for the harm you experienced.