How to File a Sexual Harassment Complaint in Indiana

Sexual harassment is conduct, such as inappropriate sexual remarks or acts, that is directed at an individual and is based on their gender. For behavior or conduct to be considered sexual harassment, the individual to whom the behavior is directed must find the behavior unwelcome. Sexual harassment is also considered to be a form of employment discrimination.

It is not necessary for the conduct to be explicitly sexual in nature for it to be considered sexual harassment. In the context of a workplace, the conduct must interfere with the worker’s ability to perform their job duties.

Behavior or conduct may also be categorized as sexual harassment when it creates a work environment that is offensive, hostile, or intimidating. Workplace sexual harassment may arise when a worker is offered a promotion that is contingent on providing sexual favors or submitting to a sexual request.

In addition, sexual harassment can occur if a worker does not submit to a sexual request and, because of that, faces some form of negative personnel decision, for example, a demotion or termination of their employment. Specific examples of behaviors that are often considered sexual harassment in the workplace can include, but are not limited to:

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

When an individual believes they are a victim of workplace sexual harassment, they should take certain specific steps, which will be discussed below.

Notify their employer as soon as they can

It is very important for a worker to give notice to their employer about the conduct as soon as they can. This will provide their employer with the opportunity to investigate the alleged sexual harassment allegations.

Next steps to take

When an individual is a victim of workplace sexual harassment, they should take certain steps, including:

• Notating all of the details they can about all of the incidents, including:
  • The date and time
  • The offensive behavior or conduct
  • Possible witnesses
• Keeping proof of all incidents of harassment, as they can be potential evidence, including, but not limited to:
  • Emails
  • Letters
  • Text messages
• Reporting any incidents to their employer’s human resources (HR) department or the agency that is used to take complaints at the workplace
• Asking the HR department to place documentation of the harassing conduct in the personnel file of the alleged harasser

These forms of documentation can be extremely important for supporting harassment allegations and complaints.

Cooperate with the employer’s investigation

Once a worker has submitted their complaint, their employer should conduct an investigation of the allegations against the harassment, including interviewing:

• The victim
• The alleged harasser
• Potential witnesses to the conduct

File a sexual harassment lawsuit

When a worker has tried to resolve their sexual harassment issue using the proper channels, but their issue is not resolved, they may be able to file a sexual harassment lawsuit in Indiana. No matter what workplace sexual harassment issues an individual is having, an Indiana attorney can help.

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

A worker should be aware that there is not a specific definition of exactly what conduct will constitute sexual harassment in the workplace. There are, instead, many different factors that can be examined to determine whether conduct can be considered sexual harassment, such as:

• If it makes the victim feel intimidated or threatened
• If it is not desired by the victim
• When it affects a worker’s ability to fulfill their job duties, for example:
  • There is a decline in their job performance
  • They have to adjust their schedule to avoid the harasser
  • The victim declines job advancement opportunities
  • The decline in their job performance results in termination or demotion
  • The victim suffers physically
  • The victim has to seek medical attention
• The conduct is severe or high in intensity
• The conduct is pervasive
  • Pervasive means that it continues even after the victim complains, either directly to the harasser to their employer’s HR department

Conduct that is offensive and occurs during non-working hours can also be considered workplace sexual harassment in certain situations. No one of the factors listed above by itself proves that sexual harassment is occurring.

Generally, the more unwelcome, severe, and frequent the harassing conduct, the more likely the court will be to determine that it constitutes sexual harassment. Whether an individual is a victim of workplace sexual harassment or is accused of workplace sexual harassment, they should consult with an attorney.

What Are the Different Kinds of Sexual Harassment Claims?

There is more than one type of sexual harassment claim, including quid pro quo and hostile work environment sexual harassment.

Quid pro quo

Quid pro quo means “something for something” in Latin. This type of sexual harassment arises when someone who is in a position of power requests a sexual favor in exchange for a pay raise, promotion, or other type of job benefit.

In order to be included in the quid pro quo category, the individual in power must indicate that, if the worker does not submit to the request, they will face negative employment consequences. Whether or not the worker accepts or declines the request does not matter. The demand for the factor itself is sufficient to constitute quid pro quo sexual harassment.

Hostile work environment harassment

Hostile work environment sexual harassment arises when harassment at work affects the worker’s ability to complete their job duties. There are multiple factors that a court can consider when determining if the workplace environment constitutes a hostile work environment, which include:

• Whether or not the harassment humiliated the victim
• If the harassment physically threatened the worker
• The severity of the conduct
• The frequency of the conduct
• Whether the conduct unreasonably interfered with the worker’s ability to perform their job duties

It is important to note that it is usually not sufficient for the worker to feel that their workplace is hostile. An objective and reasonable person would also have to find the same workplace environment hostile.

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

Usually, before a worker can file a sexual harassment lawsuit against their employer, they will need to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC will then investigate the worker’s claims of sexual harassment.

The EEOC may file a lawsuit on their behalf or, if they do not, will issue them a Notice of Right-to-Sue letter. Once a worker has received this letter, they will have 90 days to file a sexual harassment lawsuit. If they do not file a lawsuit within this time frame, their claim may be barred.

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

If you are having any type of sexual harassment issues in your workplace in Indiana, it is important for you to consult with a sexual harassment lawyer in Indiana as soon as possible. Your lawyer will be able to give you assistance throughout the process of filing your complaint, both with your employer’s HR department and the EEOC, and will represent you if you appear in court or before an agency.

LegalMatch provides a free and convenient lawyer matching services you can easily use to find a sexual harassment attorney near you who can help you resolve your issue, whether you are a victim or an alleged harasser. You only need around 15 minutes to submit your concern on the website and, in around 24 hours, you will receive messages from Indiana sexual harassment lawyers in your area who can help.