Sexual harassment in the workplace is a form of discrimination. Employees do not need to tolerate sexual harassment to keep their jobs. The law gives employees the opportunity to sue employers to put an end to the harassment and obtain justice. However, not all lawsuits result in settlements. Evidence is crucial to the outcome of any sexual harassment claim.
Before employees can sue an employer for sexual harassment, they must file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC will interview the employee to determine whether there is sufficient evidence to launch an investigation. The following are examples of evidence that victims should attempt to gather:
- A copy of the company’s sexual harassment policies or employee handbook
- Relevant personnel files, if available to the employee
- Emails, texts, voicemails, or other communications from the perpetrator
- Communications from the victim to the company regarding the incident
- Response or lack of response from the company
- Testimony from any witnesses
- Corroborating documents
When an employee files a claim with the EEOC, the agency may choose to investigate the case, however, only a minority of claims result in a settlement. The EEOC may simply close the case without investigating due to lack of evidence. If the EEOC closes a case, they will send the victim a Right to Sue letter, allowing the victim to file a federal lawsuit against the employer within a specified amount of time. At that point, it is critical for the victim to contact an experienced employment lawyer to file the suit before the statute of limitations expires.
The Philadelphia sexual harassment lawyers at Sidney L. Gold & Associates, P.C. aggressively defend the rights of those who have been subjected to sexual harassment at work. Our attorneys will patiently listen to the circumstances surrounding your experience and evaluate your claim. For a free consultation, call us today at 215-569-1999 or contact us online. Located in Philadelphia and Pennsauken, New Jersey, we serve clients throughout Bucks County, Chester County, Delaware County, Montgomery County, Wilkes-Barre, Scranton, and South Jersey.