sexharvict

How To Handle Sexual Harassment -

A Victim Perspective

There are two types of sexual harassment: Quid Pro Quo and Hostile
Work Environment. The simple definition of Quid Pro Quo harassment is
where an employer asks an employee to accede to unwelcome sexual
conduct to obtain employment benefits, i.e., sleep with the boss to get a
promotion. A Hostile Work Environment harassment occurs when the
employer's conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive work environment. These definitions are vague, and
there has been extensive case law on the subject. Therefore, it is often best
to consult an attorney or the EEOC if you have specific questions in your
case.

Once you identify yourself as a victim of sexual harassment, it is
important to follow the proper procedures in order to preserve your claim
for court. The following steps should be followed:

1. Report the conduct - Reporting the conduct serves two purposes. It
makes the employer aware of the conduct and it gives the employer a
chance to remedy the situation. For the employer to be liable, it either has
to know or should know about the conduct. If you do not report it, the
employer can say it had no way of knowing about the conduct, and, thus, it
should not be liable. You should report the conduct to your supervisor,
some other officer or director, or the person designated in the employee
handbook.

2. Gather information - In order to articulate your claim, it is best to
write down the circumstances surrounding the harassment. Keep track of
dates, times, specific language used, body language, and witnesses. If you
feel you can gather additional evidence such as written documents, do so.

3. Consult the EEOC or state agency - If you have questions, call the
Equal Employment Opportunity Commission or the state agency. If you
want to make a claim, you must go through the EEOC or state agency. In
Texas, for the EEOC claim, you must file the claim with the EEOC within
300 days from the date of discrimination or 180 days with the Texas
Commision on Human Rights. They can either negotiate a settlement, file
suit, or issue a right to sue. Once the EEOC issues you a right to sue, you
have 90 days to file a suit in federal court. In Texas, once the Texas
Commision on Human Rights issues a right to sue, you have 60 days to file
a suit in state court.

4. Consult an Attorney - You can always consult an attorney. While
the claim is in the EEOC or state agency, an attorney can investigate the
claim and negotiate with the company.

5. Seek Counseling - If you need it, seek a doctor, psychiatrist,
psychologist or therapist. Keep your bills and evaluations.

Not Certified by the Texas Board of Legal Specialization