Sexual harassment is stressful and upsetting for the victim. The process of filing a legal complaint can be daunting, especially when you’re still reeling from the unacceptable treatment.
Whether you file within your workplace, with a government agency, or through the courts, your complaint sets a specific process in motion. Ultimately, it’s designed to protect you and prevent further misconduct. An experienced lawyer can help you move through each stage and avoid missteps that could harm your case.
After an Internal Complaint at Your Workplace
Your workplace may require you to report harassment internally before taking legal action. If your company has a human resources department or a designated Equal Employment Opportunity (EEO) officer, your complaint usually goes there first.
Once you file, your employer should conduct a prompt and thorough investigation under both company policy and federal law (Title VII of the Civil Rights Act of 1964). Investigators may interview you, the accused, and any witnesses. They may also collect and review emails or text messages.
Your employer is prohibited from retaliating against you for filing a complaint or participating in an investigation. Retaliation could look like being fired or demoted, reducing your hours, or creating a hostile change in your job environment. If retaliation occurs, you can raise it as a separate claim.
If your employer finds that harassment occurred, they must take corrective action that could reasonably stop the misconduct. This may include disciplining the harasser, offering them training, or changing your work assignments to protect you. If your employer fails to do so or if the harassment continues, you can take your complaint to the next level by filing with a government agency.
Filing a Charge With the EEOC or the DC Office of Human Rights
If internal reporting doesn’t resolve the issue, you can file a formal charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or the appropriate state agency, like the DC Office of Human Rights (OHR). You can file with either agency. Because DC is a “dual filing” jurisdiction, your complaint will usually be cross-filed with the other agency automatically.
After receiving your complaint, the agency notifies your employer and begins an investigation. This stage can take several months, depending on how complex your case is and the agency’s current backlog.
If the agency finds probable cause to believe discrimination occurred, it may pursue conciliation. This process encourages the parties to resolve the matter together. If conciliation fails, the agency can file a lawsuit on your behalf or issue a “right to sue” letter, which allows you to bring your case in court. You still retain the right to pursue your own lawsuit once you receive the right-to-sue notice, even if the agency didn’t find probable cause.
Filing a Lawsuit
After receiving a right-to-sue letter, you may file your case in federal court for damages, including back pay, front pay, and compensatory damages for emotional distress. Occasionally, a court may award punitive damages.
The litigation process involves the usual stages: filing a complaint, discovery (where both sides exchange evidence and witness information), motions, settlement discussions, and potentially trial. Many cases are resolved through negotiation before reaching trial.
Your attorney’s role during this process is multifaceted. They will gather evidence, interview witnesses, analyze the law and workplace policies, and advocate for you to get fair compensation or corrective action.
Even if your complaint doesn’t lead to immediate disciplinary action or a settlement, your filing creates a record that can influence future investigations or claims. It also helps clarify your employer’s obligations and can prevent similar conduct in the future.
Get the Right Support From Bernabei & Kabat, PLLC, Today
Filing a sexual harassment complaint can be an emotional process—especially when you’re already suffering from workplace distress.
If you’ve filed a complaint or want to explore your options, Bernabei & Kabat, PLLC, can help. Contact us to learn more about your rights and how to pursue accountability.