How to File a Sexual Harassment Complaint in Georgia

When it comes to determining how to file a sexual harassment lawsuit, it is important that you first understand how sexual harassment is defined in Georgia. In Georgia, sexual harassment is legally defined under Georgia Code Section 34-5A-1.

That code outlines acts that may be considered sexual harassment, which includes sexual advances, requests for sexual favors, sexual or sex-based conduct, or any other unwelcome and offensive conduct of a sexual nature.

It is important to note that sexual harassment can be verbal, physical, or nonverbal. Additionally, the code does not make a distinction between genders. This means that the victim and harasser do not have to be of the opposite sex for sexual harassment to occur.

In order to file a sexual harassment complaint with your employer in Georgia, you can follow these general steps:

• Document the Harassment: It is important to keep a detailed record of any incidents, including dates, times, locations, and any witnesses
  • You should also save any relevant emails, messages, or other evidence regarding the incident, such as incident reports
• Report to Your Employer: You should immediately notify your supervisor, manager, or the human resources department about the harassment and provide them with the above documentation
• Follow Company Procedures: You should also be sure to follow your employer’s internal procedures for reporting harassment, which may involve filling out specific forms or providing a written statement
• File a Complaint with the EEOC: If your employer does not address or resolve your issue satisfactorily, you can then proceed to file a complaint with the Equal Employment Opportunity Commission (“EEOC”)
  • It is important to note that you must do this within 180 days of the incident
• Seek Legal Advice: It is also recommended to consult with an attorney who practices employment law, as they can provide your guidance and support throughout the legal process and even file a civil complaint against your employer if you have suffered damages

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

Determining if you are a victim of sexual harassment in the workplace can involve recognizing certain behaviors and understanding how they affect you. The following list contains common examples of signs that you might be experiencing sexual harassment in the workplace:

• Unwanted Sexual Advances: Persistent and unwelcome advances or requests for sexual favors
• Inappropriate Comments: Offensive remarks or jokes about your body, appearance, or sex life
• Physical Contact: Unwanted touching, such as hugging, kissing, or other physical interactions
• Sexual Gestures: Lewd or suggestive gestures or displays
• Visual Harassment: Displaying sexually explicit images or videos
• Quid Pro Quo: Being asked to submit to certain sexual conduct in exchange for job benefits like promotions or a favorable evaluation
• Hostile Work Environment: Any other conduct that creates an intimidating, hostile, or offensive work environment, which makes it difficult for you to perform your job

If you are experiencing any of the above behaviors, you should document them meticulously, and report them to your supervisor, manager, or HR department. If the harassment continues or is not addressed, you should then consider filing a complaint with the EEOC and seeking legal advice.

What Are the Different Kinds of Sexual Harassment Claims?

In Georgia, there are two different forms of sexual harassment that may occur in the workplace, including:

• Hostile Work Environment: This sexual harassment claim occurs when unwelcome sexual conduct creates an intimidating, hostile, or offensive work environment
  • Once again, a hostile work environment can be created by verbal comments, threats, jokes, insults, name-calling, physical touching, and displaying sexually suggestive materials
• Quid Pro Quo Harassment: This claim involves a situation where job benefits are contingent upon sexual favors
  • For instance, a supervisor might promise a promotion in exchange for sexual activity or threaten adverse action if the employee refuses

A Georgia attorney will be familiar with all of the different forms of sexual harassment claims that are available to you under state and federal law. They will also be able to assist you in recovering from any damages that you may have suffered as a result of the harassment in the workplace.

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

In short, yes. If you are a victim of sexual harassment in the workplace, you may sue your employer for damages. However, there are certain procedures that must be followed. Here are steps you can take:

• Document the Harassment: Once again, you should keep detailed records of the incidents, including dates, times, locations, and any witnesses
• Report to Your Employer: You must also notify your supervisor, manager, or HR department about the harassment
• File a Complaint with the EEOC: Then, if your employer does not address the issue satisfactorily, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days of the incident
• Receive a Right-to-Sue Letter: After filing with the EEOC, you will receive a “right-to-sue letter,” which allows you to file a lawsuit in federal court, if necessary
• Consult an Attorney: If you decide to file a private sexual harassment lawsuit, it is advisable to consult with an employment lawyer who handles workplace harassment cases in order to file your complaint and to guide you through the legal process

In order to prove a sexual harassment claim in a workplace lawsuit in Georgia, you must establish the following legal elements:

• Conduct Based on Sex: The harassment must have occurred because of the victim’s sex, meaning the offensive conduct is directed at the victim because of their gender.
• Unwelcome Conduct: The behavior must be unwelcome and not solicited or desired by the victim, i.e., it must be something that a reasonable person would find offensive or hostile
• Severe or Pervasive Conduct: The conduct must have been so severe or pervasive enough that it creates a hostile, intimidating, or abusive work environment
  • The behavior must also significantly interfere with the victim’s work performance or create an uncomfortable work setting
• Employer’s Knowledge and Response: The employer must have known or should have known about the harassment and failed to take appropriate corrective action
  • If a supervisor is the harasser, the employer can be held under strict liability laws
• Adverse Employment Action (for Quid Pro Quo claims): In a quid pro quo harassment claim, the victim must show that submission to or rejection of the unwelcome conduct resulted in a tangible employment action, such as their hiring, firing, promotion, or demotion

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

If you are a victim of sexual harassment in the workplace and you have suffered harm or damages as a result, then it is recommended that you immediately contact an experienced sexual harassment lawyer in Georgia. An attorney can ensure your legal rights are protected and help you recover from any damages that you suffered.

LegalMatch can assist you in locating and setting up a consultation with an experienced sexual harassment attorney in your area. At the initial consultation, a harassment attorney can help you understand your legal rights and options according to both federal law and Georgia’s workplace harassment laws.

They will be able to ensure that you meet all state deadlines for filing your lawsuit and assist you in following all the appropriate procedures to pursue your sexual harassment claim. Finally, an attorney will be able to draft your civil complaint and can also represent you in court, as needed.