Deciding to file a sexual harassment complaint is often a challenging and courageous first step. Once you have formally reported the harassment, whether internally to your employer or externally to a government agency, the legal and investigative processes begin. Knowing what to expect next is crucial for protecting your rights while working with a Los Angeles sexual harassment lawyer.
The process you experience depends heavily on whether you filed an internal report with your company or a formal charge with the Equal Employment Opportunity Commission (EEOC).
If You File an Internal Report with Your Employer
When you file an internal complaint, your employer has a legal responsibility to act promptly and decisively to investigate the claim and take corrective action if harassment is confirmed. Your employer should assign a person from HR or an outside investigator to conduct a prompt and thorough investigation.
The investigator will request a detailed account of the harassing incidents, the identity of the alleged perpetrator, and any witnesses. Have your documentation of dates, times, and specifics ready.
If the investigation confirms that sexual harassment or other inappropriate conduct occurred, your employer must implement disciplinary measures designed to stop the behavior and prevent it from happening again. Corrective action may include written or oral warnings, reassignments, demotions, or termination, particularly if the harassment was severe or repeated.
Protection Against Retaliation
Regardless of the outcome of the investigation, your employer is strictly prohibited from retaliating against you for filing the complaint. Watch for negative actions such as bullying, insults, unjustified negative performance reviews, being isolated, or being taken off special assignments. If you experience retaliation, you have grounds for a separate legal claim.
If You File a Charge with the Equal Employment Opportunity Commission
If you believe your employer failed in its duties by not investigating properly, not taking effective corrective action, or retaliating against you, you can file a formal charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). Within about 10 days of your filing, the EEOC will send a notice of the charge to your employer (the Respondent). Your charge will then enter one of two possible tracks.
The EEOC may ask both you and the employer to participate in its mediation program, where a neutral mediator helps you both reach a settlement without deciding who is right or wrong. This can resolve a charge much faster, often in less than three months. If mediation is not an option or is unsuccessful, the EEOC will proceed with a formal investigation.
EEOC Investigation Process
The EEOC will typically request a written answer, or Respondent’s Position Statement, from your employer. You will receive a copy via the EEOC Public Portal and will be given an opportunity to submit a response, usually within 30 days. The EEOC may interview witnesses, request documents, or, if the employer is uncooperative, issue a subpoena to obtain necessary information.
On average, the EEOC takes approximately 10 months to investigate a charge. You can check the status of your case using the EEOC’s Online Charge Status System or the Public Portal.
Final Determination and Right to Sue
After the investigation is complete, the EEOC will issue one of two main results:
- No Determination: If the EEOC cannot conclude that the law was violated, they will close the investigation and issue you a Notice of Right to Sue.
- Cause Finding: If the EEOC determines the law may have been violated, they will try to reach a voluntary settlement with the employer. If a settlement is not reached, the case may be referred to the agency’s legal staff or to the Department of Justice for consideration of filing a lawsuit. If they choose not to file a lawsuit, they will then issue you a Notice of Right to Sue.
The Notice of Right to Sue is essential because it grants you the legal authority to file your own sexual harassment lawsuit in federal court.