How to File a Sexual Harassment Complaint in Mississippi

Sexual harassment in the workplace is a serious issue that is governed by federal law in Mississippi. It is important to note that Mississippi does not have its own specific employment discrimination statute.

Instead, any and all claims for sexual harassment are primarily addressed under Title VII of the Civil Rights Act of 1964. That Act is a federal law prohibiting discrimination based on sex, which includes harassment of a sexual nature.

It is important to understand the legal framework and procedural steps in order to successfully file a lawsuit for sexual harassment in Mississippi. Sexual harassment encompasses any unwelcome sexual advances, requests for sexual favors, or other verbal, physical, or nonverbal conduct of a sexual nature.

Generally speaking, there are two primary types of sexual harassment claims that are recognized under federal law:

• Quid Pro Quo Harassment: This type of harassment occurs when someone in a position of authority, such as a supervisor, requests sexual favors in exchange for employment benefits or threatens negative employment actions for refusal
• Hostile Work Environment: This form of harassment occurs when unwelcome sexual conduct is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment, hindering the victim’s ability to perform their job
  • Hostile work environment can involve verbal comments, physical actions, or nonverbal behavior

The following are recommended steps to take if you are seeking to file a sexual harassment lawsuit in Mississippi:

• Document the Harassment: First, you should always maintain detailed records of incidents, including dates, times, locations, individuals involved, and witnesses
  • Evidence such as emails, text messages, or any other documentation of harassment should also be preserved as all of the evidence can be used to prove your harassment claim
• Report the Harassment to the Employer: Importantly, you must notify your supervisor, manager, or human resources department of the harassment
  • It is important to follow your employer’s internal procedures for reporting workplace harassment, making sure your report includes all documentation gathered
• File a Complaint with the EEOC: If your employer fails to address the harassment adequately, your next step is to file a complaint with the Equal Employment Opportunity Commission (“EEOC”)
  • Complaints with the EEOC must be filed within 180 days of the alleged harassment, but the deadline may extend to 300 days if a state or local agency enforces anti-discrimination laws
• Obtain a Right-to-Sue Letter: If the EEOC’s investigation does not resolve your issue, then you can request a Right-to-Sue Letter to proceed with a private civil lawsuit against your employer
  • That letter is a prerequisite for filing a lawsuit in court in Mississippi
• Consult with an Attorney: Navigating the complexities of filing a sexual harassment lawsuit can be challenging, which is why it is recommended to consult with an attorney

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

Determining whether you are a victim of sexual harassment in the workplace can often be challenging. Once again, in Mississippi, sexual harassment claims are primarily governed by Title VII of the Civil Rights Act of 1964.

That federal law outlines the behaviors and indicators that constitute sexual harassment, which includes:

• Unwelcome Sexual Advances: Any unsolicited and unwelcome advances, such as requests for dates, sexual favors, or physical contact, may constitute sexual harassment
  • As noted above, the advances can be verbal, physical, or nonverbal and may come from supervisors, colleagues, or even clients
• Quid Pro Quo Harassment: This occurs when someone in a position of authority, such as a supervisor, implies that job benefits (e.g., promotions, pay raises, or continued employment) depend on engaging in sexual or romantic activities
  • For instance, a supervisor might suggest a promotion in exchange for a date or threaten negative job consequences for refusal
• Retaliation: Facing adverse actions, such as demotion, termination, or other negative consequences, because you rejected sexual advances, reported harassment, or participated in an investigation of harassment, is a form of sexual harassment known as retaliation
• Hostile Work Environment: Conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment may also qualify as harassment, including:
  • Inappropriate jokes or comments about appearance, body, or sexual activities
  • Displaying sexually explicit images or materials in the workplace (e.g., posters, calendars, or screensavers)
  • Unwanted physical contact, such as touching, hugging, kissing, or groping
  • Repeatedly asking for dates or sexual favors despite being rejected
  • Using derogatory remarks or offensive language related to gender, sexuality, or sexual orientation

What Are the Different Kinds of Sexual Harassment Claims?

In Mississippi, sexual harassment claims are addressed under Federal law. Federal law identifies two primary types of sexual harassment:

• Quid Pro Quo Harassment: This form of harassment occurs when someone in a position of authority demands sexual favors in exchange for job benefits, such as promotions, pay raises, or continued employment
• Hostile Work Environment Harassment: This type of harassment involves unwelcome sexual conduct that creates an intimidating, hostile, or offensive work environment
  • Importantly, the behavior to qualify, it must be sufficiently severe or pervasive enough to interfere with an employee’s ability to perform their job effectively

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

In short, yes, you are allowed to sue your employer if you are a victim of sexual harassment in the workplace and you have suffered damages. Since Mississippi does not have its own employment discrimination statute, such claims are handled under Title VII of the Civil Rights Act of 1964.

This means that you will have to file your lawsuit in federal court, as Title VII is a federal law. Specifically, you need to file your lawsuit in the U.S. District Court that has jurisdiction over your employer’s location or the location where the alleged harassment occurred.

Mississippi is divided into two federal districts:

• Northern District of Mississippi
• Southern District of Mississippi

The appropriate district and division within the district will depend on where the employer operates or where the misconduct took place. A Mississippi attorney will be able to help you determine the proper court to file your lawsuit in.

Importantly, you must first obtain your right to sue letter, and have proper grounds for your lawsuit. Generally speaking, you will have proper grounds for a sexual harassment lawsuit against your employer if the following conditions are met:

• The harassment was unwelcome and of a sexual nature
• The behavior created a hostile work environment or involved quid pro quo harassment (e.g., job benefits or consequences tied to sexual favors)
• Your employer failed to take reasonable steps to prevent or address the harassment after it was reported

Employers may also be held liable for retaliation if you face adverse job actions, such as demotion or termination, for reporting the harassment or participating in an investigation.

If you are successful in your lawsuit, you can then recover damages, including:

• Lost Wages: Recovery for earnings lost due to retaliation or being forced to leave the job
• Emotional Distress: Compensation for mental anguish caused by the harassment
• Punitive Damages: Punitive damages are extraordinary penalties that are imposed on bad actors to deter similar conduct by the employer in the future
• Attorneys’ Fees and Costs: You may also seek reimbursement for your legal expenses

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

If you are a victim of workplace sexual harassment and have suffered harm or damages as a result of the harassment, it is recommended to seek the assistance of an experienced sexual harassment lawyer in Mississippi.

LegalMatch can assist you in finding and arranging a consultation with an experienced sexual harassment attorney in your area. During the initial consultation, the lawyer will be able to explain your legal rights and options under federal laws.

They will also be able to provide a detailed overview of the legal process and what to expect as you pursue your sexual harassment claim. An experienced lawyer can also answer any questions you may have about the necessary procedural steps involved in pursuing your claim.

An attorney will also be able to help you meet all the deadlines for filing your lawsuit and assist you in navigating all necessary steps to pursuing your sexual harassment claim. This may include gathering evidence, documenting incidents, and following your employer’s procedures for reporting harassment. Finally, they will also be able to represent you in court, as needed.