How to File a Sexual Harassment Complaint in Washington

Sexual harassment involves conduct, for example, inappropriate sexual acts or remarks, that are directed at a worker based on their gender. In order for an individual’s conduct to be considered sexual harassment, the worker to whom the conduct is directed has to find the behavior unwelcome.

The behavior does not necessarily have to be explicitly sexual in nature to be considered sexual harassment. In the workplace, sexual harassment has to interfere with the victim worker’s ability to perform their job duties and is considered employment discrimination.

Unwelcome conduct can also be considered sexual harassment if it creates a work environment that is intimidating, hostile, or offensive. One way workplace sexual harassment commonly occurs is when a promotion is offered to a worker contingent upon them providing sexual favors or submitting to sexual requests.

Sexual harassment may also arise if a worker does not submit to a request for sexual conduct and, therefore, faces some type of negative personnel decision, such as termination of their employment or a demotion. Examples of conduct that are commonly considered sexual harassment in a workplace may include, but may not be limited to:

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

If a worker thinks they are a victim of sexual harassment, it is important that they become familiar with the steps they should take, which are discussed below.

Notify the employer as soon as possible

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

Next steps for a worker to take

When a worker is a victim of sexual harassment in their workplace, there are certain steps they should take, which include:

• Writing down all of the details they can about all incidents, including:
  • The date and time
  • The offensive behavior or conduct
  • Possible witnesses
• Keeping written proof of all harassment incidents as potential evidence, including, but not limited to:
  • Text messages
  • Emails
  • Letters
• Reporting all alleged sexual harassment incidents to the human resources (HR) department or the agency that is designated to take complaints at the workplace
• Asking the HR department to document the harassing conduct in the personnel file of the harasser

This type of documentation is very important because it will support the worker’s harassment complaint.

Cooperate with the employer’s investigation

After a worker has submitted a complaint, the employer should conduct an investigation of the allegations. This includes conducting interviews with:

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

File a sexual harassment lawsuit

If a worker’s attempts to resolve their sexual harassment issue through the proper channels at their employer does not resolve their issue, a worker may be eligible to file a sexual harassment lawsuit in Washington. Whether a worker is thinking about filing a sexual harassment lawsuit or is having issues with a lawsuit they have already filed, they can get help from a Washington attorney.

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

Workers should note that there is no specific definition of what constitutes sexual harassment in a workplace. Instead, there are numerous different factors that are considered to differentiate between categories of conduct.

Examples of factors that will cause conduct to be considered sexual harassment in the workplace include, but may not be limited to the offending conduct:

• Not being desired by the victim
• Making the victim feel intimidated or threatened
• Affects the worker’s ability to fulfill their job duties, for example:
  • Their job performance declining
  • They need to come in late or leave early in order to avoid their harasser
  • Their work performance declines so severely that they are demoted or even terminated
  • They need to seek medical attention
  • They suffer physically
  • They decline advancement opportunities
• Is severe or high in intensity
• Is pervasive
  • Pervasive conduct continues even after a victim complains, either to their harasser directly or to the employer’s human resources department
  • Offensive conduct that occurs during off hours may also be considered workplace sexual harassment in some situations

Not any one of these factors alone proves that sexual harassment has occurred. In general, the more pervasive, severe, unwelcome, and frequent the conduct, the more likely a court is to find that is constitutes sexual harassment.

Whether someone is an accused harasser or a victim, they should consult with an attorney who can help determine if an individual is a victim of sexual harassment and take steps to remedy the issues and who can help an alleged harasser defend themselves against accusations.

What Are the Different Kinds of Sexual Harassment Claims?

There are different categories of sexual harassment claims, quid pro quo and hostile work environment sexual harassment.

Quid pro quo

Quid pro quo is Latin for, “something for something.” This category of sexual harassment occurs when an individual who is in a position of power, for example, requests sexual favors in exchange for a promotion, pay raise, or other job benefit.

To fall into this category, the supervisor has to indicate that if the worker does not submit to their request, they will face negative employment consequences. It does not matter whether the worker accepts or declines the request, the demand is enough to be considered quid pro quo harassment.

Hostile work environment harassment

Hostile work environment sexual harassment occurs when harassment in a work environment is affecting the worker’s ability to do their job. There are several factors that courts may consider when determining if a workplace constitutes a hostile work environment, including:

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

It is not typically enough for the worker themselves to feel the workplace is hostile, a reasonable and objective individual would also need to find the workplace hostile.

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

A worker will typically need to first file a complaint with the Equal Employment Opportunity Commission (EEOC) before they will be eligible to file a lawsuit against their employer. The EEOC will investigate the claims and file a lawsuit on their behalf or issue them a Notice of Right-to-Sue letter.

After receiving this letter, the individual has 90 days to file a sexual harassment lawsuit. If a lawsuit is not filed within this time frame, the claim may be barred.

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

If you are facing sexual harassment issues in your Washington workplace, you should reach out to a sexual harassment lawyer in Washington as soon as you can. Your attorney can provide you with assistance throughout the complaint process and represent you in court or before any agencies.

It is free and easy to use LegalMatch’s attorney matching services to find a sexual harassment lawyer in your area who will be able to help, whether you are an accused harasser or a victim. It only takes around 15 minutes to submit your question online and, in around 24 hours, you will get responses from licensed sexual harassment attorneys who can help you.