How to File a Sexual Harassment Complaint in Ohio

Before understanding how to file a sexual harassment lawsuit, you must first understand how sexual harassment is defined in Ohio. In Ohio, sexual harassment is defined as any unwanted attention of a sexual nature that creates discomfort and/or interferes with the job.

It is important to note that sexual harassment can be verbal (e.g., suggestive comments), physical (e.g., touching), or nonverbal (e.g., unwelcome sexual gestures). Further, the victim and harasser do not have to be of the opposite sex for sexual harassment to occur.

As far as the exact process for filing a sexual harassment complaint with your employer in Ohio, you should generally do the following steps:

• Document the Harassment: It is important to keep a detailed record of each incident, including dates, times, locations, and descriptions, being sure to save any relevant emails, text messages, or notes from any communications
• Report to Your Employer: You should also be sure to immediately inform your supervisor, HR representative, or another designated person within your company of acts of harassment
  • Importantly, many employers have specific procedures for handling harassment complaints, so it’s important to follow internal procedures
• Follow Up: If the harassment continues after reporting it, you may then submit a formal complaint with a request for action through your company’s internal complaint process
  • This will be considered a step to proving that you have exhausted all of your administrative remedies
• File a Charge with the Ohio Civil Rights Commission: If your employer does not take appropriate action, you may then file a charge of discrimination with the Ohio Civil Rights Commission
  • This can be done online, by mail, or in person
• Seek Legal Advice: It is recommended to consult with an attorney who practices employment law, as they can provide your guidance and support throughout the legal process

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

Knowing whether you’re a victim of sexual harassment can often be difficult, especially if the behavior is subtle or you’re unsure what constitutes harassment in the workplace. However, if you believe that you are experiencing any of these forms of harassment, it’s essential to take the steps above to protect yourself and address the issue.

The following list are examples of signs that you might be experiencing sexual harassment in the workplace:

• Unwelcome Behavior: Any unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature
• Offensive Comments: Making sexual jokes, comments, or innuendos that make you feel uncomfortable or demeaned in the workplace
• Physical Conduct: Unwanted touching, hugging, kissing, or other forms of physical contact
• Sexual Advances: Colleagues or supervisors making sexual advances or propositions, whether they are subtle or overt
• Quid Pro Quo: When fulfillment of sexual demands is made a condition of your employment, promotions, or other employment decisions
• Hostile Work Environment: Any persistent and pervasive behavior that creates a hostile, intimidating, or offensive work environment, such as by affecting your ability to perform your work
• Retaliation: Any negative actions taken against you after you refuse sexual advances or report harassment, like being demoted, fired, or given undesirable assignments

Reflect on how these behaviors make you feel and how they impact your ability to work. If you believe you are experiencing any of these forms of harassment, it’s essential to take steps to protect yourself and address the issue.

What Are the Different Kinds of Sexual Harassment Claims?

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

• Quid Pro Quo Harassment: This harassment occurs when submission to sexual demands becomes the basis for an employment decision
  • For instance, a supervisor might imply that an employee’s job depends on meeting sexual demands
• Hostile Work Environment: This type of harassment occurs when the sexual harassment creates an intimidating, hostile, or offensive working environment
  • Examples include unwelcome sexual advances, comments, or treating a person like a sexual object

An Ohio attorney will be familiar with all of the different forms of sexual harassment claims that are available to you under state 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.

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

Yes, if you are a victim of sexual harassment in the workplace, you may sue your employer for damages. As can be seen, proving sexual harassment may be difficult. However, having the following evidence may help to strengthen your legal claim against your employer:

To prove sexual harassment in the workplace in Ohio, various forms of evidence can be used to support your claim. Here are some key types of evidence that can be instrumental:

• Documentation: Once again, it is important to keep detailed records of each incident, including dates, times, locations, and descriptions, making sure to note any witnesses and their involvement
• Written Communication: You should save any and all emails, text messages, letters, or notes from conversations that demonstrate harassment or any related communication
• Witness Testimonies: Statements from coworkers or others who witnessed the harassment that can corroborate your account of events
• Physical Evidence: Any tangible items related to the harassment, such as inappropriate gifts, letters, or photos
• Company Records: Any official complaints filed with HR, records of meetings discussing the harassment, or other relevant internal documentation
• Medical or Psychological Records: If the harassment has impacted your health, records from physical or mental healthcare professionals documenting these effects can be useful to prove damages
• Audio/Video Recordings: If permissible by law and company policy, recordings of interactions that capture the harassment can be powerful evidence
• Performance Evaluations or Disciplinary Records: Any documentation showing changes in job performance, demotions, or other negative actions that were taken against you after you reported the harassment

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

• Unwelcome Conduct: The behavior against you must have been unwelcome and of a sexual nature. This means that the conduct was not solicited or invited by the victim
• Severity or Pervasiveness: The harassment must be either severe or pervasive enough to create a hostile or abusive work environment, meaning the conduct was not just a one-time incident but was frequent or severe enough to affect your work environment
• Employer Liability: The employer must be held liable for the harassment, which can be established if the employer knew or should have known about the harassment and failed to take appropriate corrective action
• Impact on Employment: The harassment must have affected your employment, such as leading to a demotion, termination, or other negative employment actions
• Retaliation: If you faced retaliation after reporting the harassment, this can also be used as evidence to support your claim

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

If you have suffered harm or damages as a result of sexual harassment in the workplace, it is recommended that you immediately contact an experienced sexual harassment lawyer in Ohio. 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 Ohio’s workplace harassment laws.

An attorney will also 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.