Race Color Religion Sex or pregnancy status National origin Advanced age (over 40) Disability Genetic information Any other classes protected by an individual state
Firing the reporter upon learning of the report and no being able to support an alternative reason for the firing Refusing to promote the reporter upon learning of the report and no being able to support the reason for not granting that promotion Demoting the reporter upon learning of the report without being able to justify the demotion
The frequency of the harassment The severity of the conduct Whether it was physically threatening or merely offensive statements Whether the conduct unreasonably interfered with work performance The effect on the employee’s psychological well-being Whether the harasser was supervisory or greater over the individual being harassed.
Discussing sexual activities Unwanted and unnecessary touching Sexual assault Commenting on physical attributes Displaying sexually suggestive or racially insensitive pictures Using demeaning or inappropriate terms Using crude language Sabotaging the victim’s work
The types of physical evidence allowed Things that must be proven about that evidence in order for it to be admitted Different ways to question witnesses in various circumstances
Documents showing good reviews before the adverse employment action Any demeaning photographs or drawings that were posted or distributed in the workplace Any items that were used to demean, humiliate, or injure the victim
They witnessed multiple acts of harassment They saw items that were intended to demean, humiliate, or injure the victim They had conversations with the person who harassed that indicated the harassment was because of the victim’s membership in a protected class
Preparing documents Giving legal advice Teaching you the law as it applies to your case
If your company has policies describing where and how to report harassment, you must follow those procedures. This requirement is waived if you reasonably fear retaliation if you report within your employer’s organization If your immediate supervisor is the harasser, you should attempt to report to the human resources department or higher level management above your supervisor.
To report to the federal government, contact the Equal Employment Opportunity Commission (EEOC). You can locate your local field office or call them at 1-800-669-4000. To report to your state government, locate your state Fair Employment Practices Agency (FEPA). You locate them by doing an internet search for “FEPA” and “[yourstate]”. Some states require you to have an attorney for certain procedures. Regardless of where you report, be prepared to give your name and contact information, the name and contact information of your employer, the number of employees your employer has (if known), a description of the events you believe were harassment, when the events took place, the protected class to which you belong.
Your initial report Your employer’s response to your statements An investigation by the agency An attempt to negotiate a settlement between you and your employer A decision by the judgment to either prosecute for you or granting you permission to sue on your own.
Discovery. Discovery is the process through which you gather evidence to use in trial. Discovery techniques will likely include: Asking questions under oath, other orally or in writing; asking for admissions of certain facts; asking for the production of documents and other physical evidence; and potentially requiring physical or mental health examinations Mediation or settlement. Many courts require attempts at settlement prior to trial. These attempts are usually confidential meaning that statements made during settlement attempts cannot be used in trial. Multiple motions to attempt to end the case without trial. These will include motions to dismiss for various reasons and motions for summary judgment. A motion for summary judgment says that there are no disputes about the facts, and the judge only needs to make a determination based on how the law applies to the facts. Trial. If you go to trial, the progression will likely be: The plaintiff’s (your) opening statements, the defendant’s opening statements, the plaintiff’s presentation of witnesses and evidence, the defendant’s presentation of witnesses and evidence, the plaintiff’s closing arguments, the defendant’s closing arguments, and the verdict or ruling by the judge and/or jury.
