Workplace harassment is unwelcome conduct based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, or genetic information. When harassment is severe or pervasive enough to create a hostile work environment, or results in an adverse employment action (firing, demotion), it violates federal law.
15 steps across 2 sections
1. Steps Process
- Document the harassment — Keep a detailed written record of every incident: dates, times, locations, what was said or done, who was involved, and any witnesses. Save emails, texts, photos, or other...
- Review your company's policy — Check your employee handbook for anti-harassment policies and complaint procedures. Most companies require you to report internally first.
- Report internally — File a formal written complaint with HR, your supervisor (if they are not the harasser), or the designated complaint officer. Keep a copy of everything you submit. Request writt...
- Allow the employer to investigate — Give the company a reasonable time to investigate and respond (typically 1-4 weeks). Cooperate with the investigation. Do not retaliate against the accused.
- File with the EEOC — If the internal process fails or you face retaliation, file a Charge of Discrimination with the EEOC. You can start online through the EEOC Public Portal (publicportal.eeoc.gov...
- Meet the deadline — You must file with the EEOC within 180 days of the harassment (300 days if your state has its own anti-discrimination agency, which most do).
- EEOC investigation — The EEOC investigates your charge, which may include interviews, document requests, and mediation. The process typically takes 6-10 months.
- Receive a Right to Sue letter — If the EEOC does not resolve your case, they issue a "Right to Sue" letter allowing you to file a lawsuit in federal court within 90 days.
- File a lawsuit (if needed) — With the Right to Sue letter, your attorney files a federal lawsuit seeking damages including back pay, reinstatement, compensatory damages, and attorney fees.
2. Key Details
- Harassment must be severe or pervasive to be illegal (a single off-color joke usually is not enough, but a single severe incident like sexual assault is)
- Retaliation for reporting harassment is separately illegal and often easier to prove
- Employer liability: companies are automatically liable for harassment by supervisors that results in adverse action; for co-worker harassment, they are liable if they knew or should have known and ...
- Damages available: back pay, front pay, compensatory damages (emotional distress), punitive damages (capped by company size), and attorney fees
- State laws may provide additional protections and longer filing deadlines
- Anonymous complaints are possible but harder for employers to investigate
Common Mistakes
- Not documenting incidents as they happen (relying on memory months later)
- Quitting before filing a complaint (may forfeit some remedies)
- Only reporting verbally instead of in writing
- Missing the EEOC filing deadline (180/300 days)
- Retaliating against the harasser (undermines your case)
Pro Tips
- Start documenting immediately, even if you are unsure whether to report
- Send yourself a contemporaneous email after each incident describing what hap...
- If HR is unresponsive, escalate to senior management in writing
- The EEOC offers free mediation that can resolve cases faster than investigation
- Many employment attorneys offer free consultations and work on contingency