Legal Question in Sexual Harassment in New York

Re: Sexual Language

I would suggest you go to the EEOC and file a complaint as soon as possible. You must first file a complaint with the EEOC before you can start any legal action. The EEOC has a website which will help you locate your local office.

Re: Sexual Language

The first person you need to notify, before the EEOC, is your supervisor. You should complain in writing and make sure a copy of the complaint finds its way to the Human Resources Department.

I recognize that this task requires some bravery, but under recent Supreme Court cases, sex harassment lawsuits can't succeed where the company has an effective system for handling sex harassment allegations. If you don't avail yourself of any in-house remedies first, your subsequent lawsuit might be dismissed. Obviously, the only way to determine whether the system is in place is to test it.

If you feel unsure of what to say in the letter, a lawyer with some experience in employment matters could help you.

It's possible that the company will actually do the right thing and remedy the hostile environment. If not, then you can go to the EEOC. Use this thought to bolster your courage --if the company takes any adverse action against you after you complain to your supervisor, you'll have a retaliation claim (in many ways more effective than the primary claim) in addition to a Title VII claim.

Good luck.

Re: Sexual Language

As the other replies mention, there are several things you can do. You can report the harassment to your employer. It is likely they have some procedure established for this--for example, an employee handbook may describe how to make a complaint of sexual harassment and who you can bring the complaint to. Obviously, this is easier said than done. However, from a legal standpoint, it is an important step, as one of the other replies to your message points out -- if you do not report the harassment, it could compromise any legal claim you might have. You can also go the Equal Employment Opportunity Commission (EEOC) to file a charge of discrimination. This is the first step to bringing a discrimination case (including harassment) under federal anti-discrimination laws. But going to the EEOC does not mean you are required to go to court--it is just a necessary first step (under federal law). Also, if you decide to take this step, it would still be important to consider reporting the harassment directly to your employer. It is also possible to bring a lawsuit immediately under state and/or local anti-discrimination laws. I am not saying you should or should not do this, but it is another option.

I am glad to discuss any further questions you have and would not charge any fee for an initial phone call. I can be reached at (212) 867-4754.