What To Do To Pursue A Sexual Harassment Lawsuit
1. Contact an Experienced Sexual Harassment Attorney Immediately
The first thing that an individual should do if they believe they have been sexually harassed at work is to contact an employment attorney experienced in pursuing sexual harassment claims.
This is imperative as sexual harassment lawsuits are typically hotly contested, very emotional, and highly sensitive. An experienced and skilled sexual harassment attorney can make the difference in obtaining a successful outcome in a sexual harassment lawsuit.
An employee should contact an employment attorney immediately as sexual harassment claims are subject to a one-year statute of limitations.
2. Sit Down and Record the Sexual Harassment Experienced
An employee who wants to pursue a sexual harassment claim should take the time to sit down and think about all of the harassment they were subjected to during their employment.
An employee should then write-down all of the harassment that they were subjected to during their employment.
3. Identify Individuals Who Witnessed the Sexual Harassment
An employee should identify other individuals who witnessed the sexual harassment that they were subjected to. This includes co-workers, managers, clients, and customers.
An employee should also identify other employees who they believed were subjected to similar harassing conduct.
4. Identify Individuals That Are Aware That Sexual Harassment Occurred
An employee should identify other individuals, including family members, friends, and therapists, whom they informed about the sexual harassment they were subjected to.
5. Obtain a Department of Fair Employment and Housing “Right to Sue” Letter
Before pursuing a sexual harassment lawsuit in court, an employee must obtain a “Right to Sue” letter from the California Department of Fair Employment and Housing ("DFEH"). This is a necessary prerequisite to filing a sexual harassment lawsuit and must be done within one year of the last harassing conduct an employee was subjected to. An attorney can help an employee obtain this letter.
6. File Lawsuit in Court
Through an experience sexual harassment attorney, a lawsuit should be filed in court. It is possible that both the individual harasser and the employee's employer can be liable for the harassment the employee was subjected to.
7. Pursue Sexual Harassment Claim in Court
After an employee's lawsuit is filed, the lawsuit will then be prosecuted in court. Evidence will need to be obtained that proves the employee was subjected to unwanted sexual harassment and is entitled to damages based thereon.