How to File a Sexual Harassment Complaint in Alabama

If an individual faces sexual harassment in their workplace in Alabama, it can be extremely stressful, and they may want to file a claim to resolve the issue. Generally, sexual harassment includes conduct, for example, inappropriate sexual acts or remarks, that are directed at a worker based on their gender.

In order for behavior to be classified as sexual harassment, the individual who is the victim must find the conduct unwelcome. Sexual harassment is also a type of employment discrimination, which means a victim may have a variety of available legal claims.

The unwelcome conduct does not necessarily need to be sexual in nature in order to be considered sexual harassment. To be classified as sexual harassment, the offending conduct has to significantly interfere with the worker’s ability to perform their job duties.

If the offenders conduct creates a work environment which is hostile, offensive, or intimidating, it can be considered sexual harassment. In the context of an individual’s workplace, sexual harassment can also arise if an offer, such as a promotion, is made to a worker that is contingent on them giving a sexual request or submitting to a sexual favor.

Another example of sexual harassment is when a worker faces a negative personnel decision, such as demotion or termination, because they do not submit to a sexual request. Behaviors that are commonly considered sexual harassment include, but may not be limited to:

• Unwanted touching
• Insulting or degrading references based on gender
• Jokes
• Unwanted gestures
• Innuendo

If an individual thinks they may be a victim of sexual harassment in their workplace, it is important to take the steps discussed below.

Give notice to their employer

A victim of workplace sexual harassment should notify their employer as soon as possible regarding any conduct they find offensive. This gives the employer the opportunity to conduct an investigation of the alleged harassment.

Important next steps

Individuals who face sexual harassment at work should take steps to document the offensive conduct to ensure any important evidence will be preserved, which includes:

• Making a written record of all of the harassment, which includes:
  • The date and time
  • The conduct
  • Any possible witnesses and their contact information
• Maintaining all available evidence of all of the harassment incidents, including, but not limited to:
  • Letters
  • Voicemails
  • Text messages
  • Emails
  • Any other communications
• Making a report of any harassing conduct to the employer’s human resources (HR) department or the workplace agency that handles complaints
• Asking the HR department to include the harassing conduct in the harasser’s personnel file

Cooperate with the employer’s investigation

After a worker submits their complaint to their employer, the employer will likely conduct an investigation of the allegations, which can include interviewing:

• The victim
• The alleged harasser
• All potential witnesses to the harassing conduct

File a sexual harassment lawsuit

If a worker tries to resolve their sexual harassment issue following the channels that are available in their workplace and those are not successful, they may need to file a sexual harassment lawsuit in Alabama. No matter what workplace harassment issues an individual is facing, an Alabama attorney can help.

How Do I Know if I Am a Victim of Sexual Harassment in the Workplace?

A worker should know that there is not an exact definition of what conduct is considered to be sexual harassment in a workplace. Courts will take into consideration numerous factors when making decisions about whether or not sexual harassment occurred, including if the conduct:

• Was unwelcome
• Was pervasive
  • Pervasive is conduct that continues even after a victim complains, either to the harasser directly or to their employer’s HR department
• Made the victim feel threatened or intimidated
• Affected their ability to complete their job duties
• Had certain effects on the victim, such as:
  • Causing a decline in job performance
  • That decline resulting in demotion or termination
  • Having to adjust their schedule to avoid interaction with the harasser
  • Declining job advancements
  • Suffering physically
  • Having to seek medical attention

Even conduct that occurs outside of working hours can be classified as workplace sexual harassment in some situations. In general, the more frequent and severe the harassing conduct is, the more likely it is that the conduct will be considered sexual harassment. For more information on the types of conduct that may be considered workplace sexual harassment, an individual should consult with an attorney.

What Are the Different Kinds of Sexual Harassment Claims?

Yes, there are two main categories of sexual harassment claims, which include:

• Quid pro quo sexual harassment
• Hostile work environment sexual harassment

Quid pro quo sexual harassment

Quid pro quo is “something for something” in Latin. When an individual in power asks for sexual favors in exchange for favorable employment actions, such as raises, promotions, or other job benefits, quid pro quo sexual harassment has occurred.

To be considered this type of harassment, it must be implied that, if the worker does not submit to the request, they will face negative consequences. It is not relevant whether or not the worker declines or accepts that request.

Hostile work environment harassment

Sexual harassment that creates a hostile work environment arises when a worker has issues completing their job duties. To determine if a hostile work environment exists, courts will consider:

• Whether the victim was physically threatened by the harassment
• The severity and frequency of the sexual harassment
• Whether the victim found the harassment humiliating
• If the harassment interfered unreasonably with the victim’s ability to complete their job duties
• If an objective and reasonable individual would also find the work environment to be hostile

Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?

It may be possible to sue an employer for sexual harassment in an Alabama workplace once an individual completes certain steps. If the issue is not resolved through the employer or other state agency, a claim can be filed with the Equal Employment Opportunity Commission (EEOC).

It is common to be required to file a complaint with the EEOC before filing a lawsuit in court. The EEOC may file a lawsuit on behalf of a worker. If it does not, it will issue them a Notice of Right-to-Sue letter.

A worker will have 90 days to file a file a sexual harassment lawsuit after receiving the letter.

Do I Need a Lawyer to File a Sexual Harassment Claim?

If you are having issues with sexual harassment in your Alabama workplace, you should consult with a sexual harassment lawyer in Alabama as soon as possible. Your lawyer will advise you on filing complaints at your work, with the proper Alabama agencies, and with the EEOC as well as represent you during communications with any of these parties.

Your attorney will file a lawsuit in court on your behalf if it becomes necessary to resolve your issue. If that occurs, your lawyer will handle everything and represent you during all court appearances.

You can take advantage of LegalMatch’s free lawyer matching services online in about 15 minutes to find a lawyer in your area. Once you submit your concern online, you will receive responses from licensed member attorneys in around 24 hours that provide information on their fees, background, and client reviews.