Sexual Harassment Lawyer in Fremont, Ca –Learn How to File a Complaint if You are Sexually Harassed in the Workplace with the aid of Sexual Harassment Attorney in Fremont, California

 Sexual Harassment Lawyer in Fremont, CaliforniaFiling a complaint is just one of many other legal options available to a victim of sexual harassment. The complaint process for sexual harassment in the workplace may progress in the following way:

A complaint is filed.
The employer or school responds to the complaint.
The parties conduct an investigation, gathering relevant information about each other in a “discovery” process.
Mediation may be made available to reach a settlement.
If a settlement is not reached, the case goes to trial.
The parties call their witnesses, provide evidence, etc
. The judge makes a ruling.
Various remedies can be ordered if the judge finds for the plaintiff.

Legal Options for Sexual Harassment in the Workplace.

Filing your claim with the EEOC (under Title VII of the 1964 Civil Rights Act).

The claim must be filed within 180 days (this date may vary depending on which state you are in) of the last incident of harassment to begin the process for obtaining relief under Title VII. An EEOC claim can be filed in a manner to protect the victim’s identity. Complaints can be filed through EEOC district offices which are located across the United States.

Note: The Civil Rights Act covers only companies with 15 or more employees. State fair employment agencies (FEP) laws may be more generous and extend to smaller companies.

What to expect:.

After you have filed, the EEOC conducts its own investigation of the company or organization, and this can be lengthy, taking over a year. Through the investigation, the EEOC conducts an investigation, trying to determines whether or not harassment occurred, whether harassment is provable in court, and whether other employees have suffered from sexual harassment as well. If the EEOC finds in the favor of the victim (agrees they were harassed), it can pursue (settle) the case for you, which happens in less than 1 % of cases filed. They can also issue you a ‘right-to-sue’ letter so you and your lawyer can file a lawsuit independently. You can appeal the EEOC’s finding if the investigation finds you were not harassed.harassment attorney sexual

You and your attorney can skip the EEOC investigation if you wish. However, you must still file a claim with the EEOC before you can obtain the right to sue letter that allows you to enter court.

Filing in Federal Court.

You must have filed with the EEOC before you can take a case to federal court. Few sexual harassment cases get to federal court, and those that do can take years. Victims who win sexual harassment cases in federal court can receive the following reliefs: attorneys fees; reinstatement of promotion; compensatory and punitive damages; pay for lost wages and benefits; injunctive relief (changes in workplace policy and practice to prevent future harassment). For the most part, the amount of damages awarded depends on the size of the company.

You may also file your claim under state Fair Employment Practice (FEP) statutes States statutes are modeled after Title VII. Most states have a Fair Employment Practice agency located in the state capital that is responsible for enforcing state statutes banning sex discrimination. Time limits for filing claims with FEP agencies range from 6 months to one year.

Filing a common law tort suit:.

A “common law tort: allows victims to receive money for compensatory damages for such complaints as personal injury, lost wages, or health care expenses, etc, or punitive damages (damages awarded to “punish” the company.) Assault and battery or wrongful discharge cases can also file this suit. Confidentiality is not guaranteed, and the complainant is not protected from company retaliation.

Dual filing.

Filing your case with more than one agency (both EEOC and state or local agency) is also an option. They sometimes work together or share information on cases. The EEOC has a huge backlog and will often refer cases to local agencies or local FEP automatically.

Criminal Options.

If the harassment crosses over into the criminal realm (e.g., sexual assault, stalking, or rape), you should report the incident(s) to the police.

If You are Harassed in School, Legal Options.

Persons experiencing harassment in a federally funded school, university, or college, should first follow grievance procedures established by the institution. Any school employee you speak to about the harassment is obliged by law to report the behavior, so be careful about who you talk to, and when. (Allowing others to speak for you won’t always make things better, it can actually cause the problem to escalate, and allow other people’s agendas to enter into, and complicate, the issue.).

When, and if, you decide to make a formal grievance, where to go can vary, depending on the organization of the school administration. Sexual harassment complaints could be handled by any number of departments: dean of students, affirmative action office, civil rights office, ombudsman, etc. Your student handbook should be able to point you in the direction of appropriate department at your school.

If the grievance process is ineffective, the you can report sexual harassment to the U.S. Department of Education’s Office of Civil Rights at -LRB-202-RRB- 260-7250 (phone) -LRB-202-RRB- 260-7250 (fax). You can file a sexual harassment grievance with the DOE, but if you proceed with legal action while a case is pending, they will drop the investigation. Note: You do not have to first file a grievance with your school before filing with the DOE, but it’s a good idea to do so.

Filing a Private Lawsuit Under Title IX.

Title IX permits a sexual harassment victim to file a private lawsuit, without first having to file with the Office of Civil Rights. Sexual harassment complainants who win in court can receive similar reliefs as cases filed for workplace harassment.

Mediation is also an option for sexual harassment in schools.

Through the investigation, the EEOC conducts an investigation, trying to determines whether or not harassment occurred, whether harassment is provable in court, and whether other employees have suffered from sexual harassment. Victims who win sexual harassment cases in federal court can receive the following reliefs: attorneys fees; reinstatement of promotion; compensatory and punitive damages; pay for lost wages and benefits; injunctive relief (changes in workplace policy and practice to prevent future harassment). You can file a sexual harassment grievance with the DOE, but if you proceed with legal action while a case is pending, they will drop the investigation. Title IX permits a sexual harassment victim to file a private lawsuit, without first having to file with the Office of Civil Rights. Sexual harassment complainants who win in court can receive similar reliefs as cases filed for workplace harassment.Sexual Harassment lawyer in Santa Rosa, California