How to File a Sexual Harassment Complaint in Connecticut

When someone is facing sexual harassment issues in their Connecticut workplace, it can be a very stressful experience. The victim may want to file a claim to help resolve their issue.

As a general rule, sexual harassment involves behavior and conduct that is directed at a worker based on their gender, such as inappropriate sexual remarks or acts. In order to be classified as sexual harassment, this behavior or conduct must be unwanted by the victim.

Any unwelcome behavior does not always have to be sexual in nature to be classified as sexual harassment. In order to be considered sexual harassment, the alleged harasser’s conduct must significantly interfere with a worker’s ability to perform their job duties.

It is important to note that sexual harassment in the workplace is also a form of employment discrimination. This means that victims of sexual harassment may have a variety of legal claims based on the harassment they are enduring.

When an offender’s conduct creates an intimidating, offensive, or hostile work environment, it can be considered sexual harassment. In the workplace, this type of environment may arise if positive employment treatment, such as a promotion, hinges upon whether or not the worker submits to a sexual request.

Sexual harassment may also occur when a negative personnel decision or the threat of one is based upon a worker submitting to a sexual request. Conduct or behaviors that are often considered to be sexual harassment can include, but may not be limited to:

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

When a worker believes they are a victim of sexual harassment in their workplace, they should take the steps outlined below.

Give notice to their employer

As soon as the worker is able, they should notify their employer about any offensive conduct. This will allow the employer to conduct an investigation of the alleged harassing conduct.

Important next steps

When a worker faces sexual harassment, they should take steps to ensure that they document the offensive conduct. This also helps make sure import evidence is preserved.

Important steps for a victim of workplace harassment should take include:

• Keeping a written record of all harassing conduct, which includes:
  • The conduct
  • The date and time
  • Any possible witnesses and their contact information
• Keeping all available evidence of all of the harassment, including, but not limited to:
  • Text messages
  • Emails
  • Letters
  • Voicemails
  • Any other communications
• Reporting all of the harassing conduct to their employer’s human resources (HR) department or the workplace agency that takes complaints
• Requesting that the HR department make note of the harassing conduct in the alleged harasser’s personnel file

Cooperate with the employer’s investigation

Once a worker who is being harassed has submitted a complaint to their employer, an investigation of the allegations will likely be conducted, which includes interviewing:

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

File a sexual harassment lawsuit

When a worker attempts to resolve the sexual harassment issue using the available channels at their workplace and they are not successful, they may be able to file a sexual harassment lawsuit in Connecticut. No matter what form harassment issues an individual faces at their work, a Connecticut attorney can help.

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

Workers should be aware that there is not a specific or exact definition of what is categorized as sexual harassment in a workplace. Instead, a court will consider many different aspects of the situation before making a determination of whether the conduct was sexual harassment, such as when the conduct:

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

In some situations, conduct that occurs outside of working hours may also be considered workplace sexual harassment. Generally, the more severe and frequent and severe the conduct is, the more likely that a court will consider that conduct to be sexual harassment.

To find out more information on types of conduct that may be categorized as workplace harassment, it is important to consult with an attorney.

What Are the Different Kinds of Sexual Harassment Claims?

There are two main categories of sexual harassment claims that an individual may be able to base their legal claim on, including:

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

Quid pro quo sexual harassment

Quid pro quo is a Latin phrase that means, “something for something.” If an individual who is in power requests a sexual favor in exchange for a favorable employment action, such as a promotion or raise, quid pro quo sexual harassment occurred.

With this type of harassment, the individual in power must imply that, when a worker does not submit to the request, they will face negative employment consequences. It does not matter if the worker accepts or declines the request.

Hostile work environment harassment

When sexual harassment creates a hostile work environment, it means the worker is having issues getting their job duties completed. A court will consider the following when determining if a hostile work environment exists:

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

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

Yes, an individual may sue their Connecticut employer if they are a victim of sexual harassment in their workplace if they take certain steps. When a worker’s employer or other state agency cannot or does not resolve their issue, they should file a claim with the Equal Employment Opportunity Commission (EEOC).

In many situations, a worker is required to complete the EEOC complaint process before being allowed to file a lawsuit. If the EEOC does not file a lawsuit on the worker’s behalf, they will be issued a Notice of Right-to-Sue letter. They will then have 90 days to file a sexual harassment lawsuit after they receive this letter.

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

When you are having sexual harassment issues in your Connecticut workplace, it is essential to reach out to a sexual harassment lawyer in Connecticut. Your attorney can give you advice about your workplace complaints process, what Connecticut agencies you can file complaints with, and assistance with filing a complaint with the EEOC.

If these processes do not resolve your issue, your lawyer will file a lawsuit in court on your behalf. Your sexual harassment attorney will handle all of the required paperwork and represent you during any court appearance.

You can use LegalMatch.com free and easy attorney matching service in as little as 15 minutes online to help find a licensed attorney near you who can help. After you have submitted your issue online, pre-screened member lawyers will respond in about 24 hours, including information about their background, fees, and reviews from previous clients.