Filing a workplace harassment claim can feel complicated, especially when an employee is already dealing with an uncomfortable or hostile work environment. Understanding the general process can make it easier to organize information and identify the appropriate next steps. The exact procedure varies depending on the location, type of harassment, employer, and laws that apply, but several practical steps can help employees approach the process carefully.
Understand What Happened
The first step is to identify and document the conduct that you believe constitutes workplace harassment. Harassment may involve unwanted comments, discriminatory behavior, sexual harassment, threats, intimidation, offensive communications, or other inappropriate conduct.
Not every difficult workplace interaction legally qualifies as harassment. The applicable legal definition can depend on factors such as the nature of the conduct, its frequency, its connection to protected characteristics, and the relevant employment laws.
Writing down specific incidents can help create a clear record. Include dates, times, locations, people involved, what was said or done, and anyone who may have witnessed the event.
Review Your Workplace Policies
Many employers have policies explaining how employees can report harassment. Check your employee handbook, workplace policies, code of conduct, or internal reporting procedures.
Your employer may direct employees to report concerns to a supervisor, human resources department, compliance officer, designated manager, or another internal contact. Following the appropriate reporting procedure can help ensure that your complaint reaches the correct person.
If the alleged harasser is your direct supervisor, the company policy may provide another reporting option.
Preserve Relevant Evidence
Evidence can be important when making a harassment complaint. Depending on the circumstances, useful information may include emails, text messages, workplace chat records, photographs, complaint correspondence, performance documents, and other relevant communications.
Maintain an organized timeline of incidents and keep copies of communications you are lawfully entitled to retain. Avoid altering original messages or documents.
Employees should also be careful about confidential company information. Do not access or remove records you are not authorized to possess simply because they may appear relevant. A workplace harassment lawyer can provide guidance about lawful evidence preservation.
Make a Formal Complaint
If appropriate, submit a complaint through your employer’s designated reporting process. A written complaint can provide a clear record of what you are reporting.
Keep the complaint factual and specific. Describe the conduct, identify relevant dates and individuals, provide available supporting information, and explain whether the behavior is ongoing.
Avoid exaggerating or making assumptions about another person’s intentions. Clear factual information can make it easier for an employer to understand the concern and conduct an investigation.
Keep Records of the Employer’s Response
After submitting a complaint, maintain records of communications with human resources, supervisors, managers, investigators, or other company representatives.
Write down when meetings occur and keep relevant correspondence. If the employer asks you to participate in an investigation, provide accurate information and cooperate with reasonable requests.
If you believe the employer has not properly addressed the complaint, documenting the response can help you explain the situation later to an attorney or appropriate legal authority.
Watch for Possible Retaliation
Some employees worry about experiencing negative treatment after making a harassment complaint. Depending on applicable law, certain forms of retaliation against employees who engage in protected activity may be unlawful.
Potential adverse actions can include termination, demotion, disciplinary treatment, unfavorable scheduling, or significant changes to employment conditions. However, an unfavorable workplace decision does not automatically establish unlawful retaliation.
If you notice significant changes after making a complaint, document what happened and when it occurred. A workplace harassment lawyer can help determine whether the circumstances may raise a separate retaliation issue.
Consult a Workplace Harassment Lawyer
You do not necessarily need to wait until a formal dispute develops before speaking with an attorney. A workplace harassment lawyer can review your circumstances, explain applicable employment laws, and discuss potential reporting or legal options.
An attorney may also help prepare a complaint, evaluate evidence, communicate with the employer, negotiate a resolution, or assist with an administrative or court proceeding if appropriate.
Legal deadlines can be especially important. Depending on the type of claim and jurisdiction, a complaint may need to be filed with a government agency or court within a specific period. Obtaining legal advice promptly can help ensure that important deadlines are considered.
Consider External Filing Options
If an internal complaint does not resolve the issue, external options may be available depending on the circumstances. These could include filing a complaint with an appropriate government agency, pursuing mediation or arbitration, or bringing a legal action.
The correct process depends on the location, employer, type of alleged harassment, and applicable law. A qualified employment lawyer can explain which procedures may apply.
Avoid Public Discussions About the Dispute
Employees should be cautious about discussing sensitive workplace disputes publicly on social media or other public platforms. Public statements can potentially complicate an employment dispute or create additional issues.
Keep communications professional and factual, particularly while an investigation or legal process is ongoing.
Final Thoughts
Filing a workplace harassment claim generally involves documenting the conduct, reviewing workplace policies, preserving relevant evidence, submitting an appropriate complaint, recording the employer’s response, and understanding available external legal options. Because employment laws and filing procedures vary, there is no single process that applies to every workplace harassment situation.
If you believe you have experienced workplace harassment, consider keeping detailed records and consulting a qualified workplace harassment lawyer. Professional legal guidance can help you understand the applicable requirements, deadlines, evidence, and potential options for addressing your concerns.
