How to File a Sexual Harassment Complaint in Wisconsin

In general, sexual harassment involves conduct, which may include inappropriate sexual acts or remarks, that are directed at another person because of their gender. In order for the conduct to be classified as sexual harassment, the person at whom the conduct is directed has to find that conduct unwelcome. In addition, sexual harassment is classified as a type of employment discrimination.

The behavior does not have to be explicitly sexual in nature to be classified as sexual harassment. In a workplace, the offending conduct has to interfere significantly with the worker’s ability to perform their job duties.

If behavior or conduct creates a work environment that is hostile, offensive, or intimidating, it can be classified as sexual harassment. In the context of a workplace, sexual harassment can also occur when an employee is offered a promotion which is contingent on them submitting to a sexual request or providing a sexual favor.

Additionally, sexual harassment may arise when an employee does not submit to the request and, therefore, is faced with some type of negative personnel decision, such as a demotion or being terminated. Examples of the types of behaviors that are commonly considered sexual harassment in the workplace may include:

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

When someone thinks they have been a victim of sexual harassment in the workplace, it is important for them to do certain things, which are outlined below.

Notify their employer as soon as possible

A worker should provide their employer with notice of the offending conduct as soon as possible. This gives the employer the ability to investigate any alleged sexual harassment.

Next steps

When someone is a victim of sexual harassment in their workplace, there are certain steps they should take, such as:

• Writing down all of the details they remember about any of the incidents, including:
  • The offensive behavior or conduct
  • The date and time
  • Possible witnesses
• Keeping any type of proof of all of the incidents of harassment, which can be used as evidence, including, but not limited to:
  • Text messages
  • Emails
  • Letters
  • Voicemails
• Reporting all harassing conduct to the employer’s human resources (HR) department or the agency that takes these types of complaints at the workplace
• Asking that the HR department include documentation of the harassing conduct in the personnel file of the alleged harasser

Cooperate with the employer’s investigation

After the worker submits their complaint, the employer should investigate the allegations of harassment, which includes interviewing:

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

File a sexual harassment lawsuit

If a worker tries to resolve their sexual harassment issue through the proper channels at their workplace and it does not work, they may be eligible to file a sexual harassment lawsuit in Wisconsin. No matter what types of sexual harassment issues an individual is facing at work, their Wisconsin attorney can help.

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

Workers should know that there is no specific definition of precisely what conduct is considered sexual harassment in the workplace. Instead, there are numerous factors a court may examine when determining if conduct was sexual harassment, including:

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

If conduct is offensive, even if it happens during non-working hours, it may be classified as workplace sexual harassment in specific situations. There is not one factor alone that proves sexual harassment is happening.

In general, the more frequent, severe, and unwelcome the conduct, the more likely that it will be considered sexual harassment. If someone is accused of workplace harassment or is a victim of workplace harassment, it is important to consult with an attorney.

What Are the Different Kinds of Sexual Harassment Claims?

More than one category of sexual harassment exists, including quid pro quo sexual harassment and hostile work environment sexual harassment.

Quid pro quo sexual harassment

Quid pro quo is Latin for, “something for something.” This category of sexual harassment occurs when an individual in power asks for a sexual favor in exchange for a promotion, pay raise, or some other job benefit.

To be categorized as quid pro quo sexual harassment, someone in power has to indicate that if the worker does not complete the request, negative employment consequences will result. It does not matter if the worker declines or accepts the request, as the demand itself is enough.

Hostile work environment harassment

Hostile work environment sexual harassment happens when the environment affects the ability of the worker to complete their job duties. Many factors may be considered by a court when deciding if the workplace constitutes a hostile work environment, such as:

• If the victim was humiliated by the harassment
• If the worker was physically threatened by the harassment
• The frequency of the harassment
• The severity of the harassment
• Whether the harassment interfered unreasonably with the worker’s ability to do their job

It is typically not enough for a worker to feel that their workplace is hostile. The workplace must be such that an objective and reasonable person would have also found the same environment to be hostile.

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

In most situations, a worker will have to file a complaint with the Equal Employment Opportunity Commission (EEOC) before they will be allowed to file a lawsuit against their employer. The EEOC investigates allegations of workplace harassment.

In some cases, the EEOC will file a lawsuit on the worker’s behalf and, if they do not, will send them a Notice of Right-to-Sue letter. Once the worker has received their letter, they have 90 days to file a sexual harassment lawsuit. If they do not file their lawsuit within 90 days, their claim will likely be dismissed.

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

If you have any issues, questions, or concerns related to sexual harassment at work in Wisconsin, it is important to consult with a sexual harassment lawyer in Wisconsin. Your attorney will be able to assess your workplace situation, provide you with advice, help you file a complaint, and represent you in front of the EEOC or court.

You can easily take advantage of LegalMatch.com’s no cost lawyer matching services in as little as 15 minutes online to help you find a sexual harassment lawyer in your area, whether you have been accused of sexual harassment at work or are a victim of sexual harassment at work.

Once you have submitted your concern on the website, in about 24 hours, you will get responses from sexual harassment attorneys near you who are ready to provide you with advice and help quickly resolve your issue.