Sexual harassment in the workplace is an all-too-common issue that can create a hostile and uncomfortable environment for those affected. If you are experiencing harassment at work, you may wonder where to start. One of the first steps is often to file an internal complaint. Understanding what an internal complaint entails, why it matters, and how it can impact a potential legal claim is essential to protecting your rights and addressing your concerns.
How to File an Internal Complaint?
An internal complaint is a formal report filed within a company to alert management or human resources (HR) about harassment. This step is often a prerequisite before filing a legal claim, as it allows the company to address the issue directly. It is crucial because it documents the problem, creates a record, and may lead to corrective actions that could resolve the matter without further escalation.
Each company has its own procedure for handling internal complaints. You should start by consulting your employee handbook or any resources available through your employer. Generally, internal complaints are submitted in writing to your HR department or a designated manager, clearly detailing the incidents that occurred. Include specific information such as the dates, locations, and names of those involved. This documentation will strengthen your case by providing concrete details of the harassment.
It is essential to remain factual and professional when describing what occurred. Avoid using emotional language, as this can detract from the credibility of your complaint. Instead, focus on laying out the incidents clearly and concisely. Once submitted, HR or management should initiate an investigation to examine your claims. You may be asked to participate in interviews or provide additional information, so be prepared to cooperate fully to ensure your complaint receives the attention it deserves.
What Happens After an Internal Complaint is Filed?
Once an internal complaint is filed, your employer is legally obligated to investigate the claim. This investigation may involve interviewing witnesses, reviewing company policies, and assessing any relevant documentation. A thorough investigation helps ensure fairness, allowing both the complainant and the accused to present their sides of the story. During this process, you have the right to a safe and unbiased investigation, free from retaliation.
In Pennsylvania, retaliation against employees who file complaints is strictly prohibited. Retaliation can take various forms, such as being passed over for promotions, receiving unfair performance reviews, or even losing your job. If you experience any negative repercussions after filing a complaint, it could constitute illegal retaliation, giving you grounds for a separate legal claim. Document any retaliatory actions to support a potential case if they occur.
After the investigation, the company should inform you of the outcome and any corrective actions taken. These actions may include disciplinary measures against the harasser, workplace policy changes, or even company transfers. However, if your employer fails to address the harassment effectively, you may decide to pursue legal action. A record of your internal complaint and documentation of the investigation can be valuable evidence in a court case.
If your employer fails to take your complaint seriously or retaliates against you, it may be time to consider a legal claim. Pennsylvania law protects employees from sexual harassment and provides avenues to hold employers accountable. Filing a sexual harassment lawsuit may be the next step if you have exhausted your internal options and still feel unsafe or undervalued at work.
The Philadelphia Sexual Harassment Lawyers at The Gold Law Firm P.C. Will Assist
Facing workplace harassment is never easy, but you have options. Speak with the Philadelphia sexual harassment lawyers at The Gold Law Firm P.C. today. Contact us at 215-569-1999 or online to schedule your free consultation with our experienced legal team. Located in Philadelphia and Pennsauken, New Jersey, we proudly serve clients in South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, Montgomery County, and Cherry Hill.
