If you have questions about when to sue your workplace for sexual harassment after experiencing something that made you feel uncomfortable, violated, or unsafe at work, you're not alone, and what happened to you matters.
The statistics around this are unsettling:
Net net, the answer to the question "Can you sue for workplace harassment?" is yes—you have rights and options.
A sexual harassment lawsuit is not only possible, but it can also be empowering and transformative, both for you and for other women who may face similar situations in the future.
In this article:
Knowing when to pursue a lawsuit can feel overwhelming, especially when you're already dealing with the emotional impact of your experience. This guide will walk you through the key considerations.
Sexual harassment in the workplace is legally defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
There are two main categories of sexual harassment that courts recognize:
Examples of actionable sexual harassment behavior include:
If you're recognizing your situation in these definitions, trust your instincts—what you experienced likely qualifies as grounds for a sexual harassment lawsuit.
The law is designed to protect you from these types of predatory behaviors, and you have the right to take action. Keep in mind that single incidents can also qualify, and harassment between the same genders counts too.
If you're still unsure if what you experienced qualifies as sexual harassment, understanding the importance of taking legal action can help clarify your decision.
When you sue your employer for sexual harassment, you're taking a stand that serves multiple crucial purposes extending far beyond your individual case. Here are a few reasons why taking action is essential—and can be empowering:
The bottom line: Taking action against sexual harassment at work may be a scary thought, but many victims say they are glad they did so. It helped them feel more in control and get significant financial compensation for what they’ve endured. Last, your efforts help other women.
If you've decided that you want to move forward, you’ll want some preparation. Taking steps beforehand can significantly improve your chances of success when you sue your employer for sexual harassment. Think of this as building the strongest possible foundation for your case, not as obstacles to overcome.
A few tips to keep in mind:
Document Everything: Keep detailed records of harassment incidents, including dates, times, locations, witnesses present, and exact language when possible. Take photos if there's physical evidence, such as inappropriate emails, physical harm, or displayed materials. Your documentation will become crucial evidence and help ensure it’s not your word against theirs.
Report Through Company Channels: Follow your company's procedures for reporting harassment. This typically means contacting HR, your supervisor (if they're not the harasser), or following the steps outlined in your employee handbook. Employers are required to have these procedures in place. If you work for a company with no HR representative, you can still complain to your boss, even if they are the harassing party.
Keep Records of Your Reporting: Save all emails related to your complaints, take notes during meetings with HR or management, and document the company's responses or lack thereof. This paper trail demonstrates that you gave your employer the opportunity to address the situation.
Seek Support: If your company offers employee assistance programs, consider using them and leaning on colleagues who may also have witnessed the harassment. Having emotional support during this process is essential. Be sure to confide in friends and family, as this can also be crucial documentation of the harassment.
Consult with an Attorney Early On: Getting legal advice early in the process can help you understand your rights and the strength of your potential sexual harassment in the workplace lawsuit. Restore Law offers free, confidential consultations.
Take Care of Your Mental Health: Sexual harassment is a serious matter and can have adverse effects on your emotional and physical well-being. Seek out a counselor experienced in sexual harassment and assault. Restore Law also offers free mental health counseling to all our clients.
Understanding the timing requirements for filing a sexual harassment complaint is important because missing these deadlines can prevent you from pursuing your case.
The legal system has specific timeframes that must be followed, but don't panic if time has already passed—there may still be options available.
Lawsuit Filing Deadlines: You typically can’t file a lawsuit until after the EEOC has processed your complaint and issued a "right to sue" letter, which usually takes several months. (A skilled lawyer can advise you more on this process.)
Why Timing Matters: Beyond legal requirements, acting quickly helps preserve evidence, ensures witness memories remain fresh, and demonstrates that you took the harassment seriously.
Exceptions and Extensions: The "continuing violation doctrine" may apply if harassment was ongoing, and the "discovery rule" can sometimes extend deadlines if you didn't immediately realize the full extent of the harm. Even if you think you've missed a deadline, consult with an attorney—they may find exceptions that apply to your situation.
If you've already left your job, either voluntarily or involuntarily, you may be wondering about suing for sexual harassment even though you no longer work there. The answer is absolutely yes—you still have strong rights to pursue a sexual harassment in the workplace lawsuit against your former employer.
In fact, 1 in 7 women have sought a new job assignment, changed jobs, or quit because of sexual harassment and assault, and the law protects your right to seek justice even after you've moved on.
There's no requirement that you remain employed to sue for harassment at work. The law recognizes that many people leave their jobs specifically because of harassment, and you shouldn't be penalized for making that difficult decision.
Protection against retaliation extends to former employees as well. Your former employer cannot take adverse actions against you for filing a complaint or participating in an investigation, even though you no longer work there.
Being a former employee can actually provide certain advantages in pursuing your case. You may feel more comfortable speaking openly about what happened without worrying about ongoing workplace dynamics or potential retaliation affecting your current job situation.
Don't let anyone tell you that leaving your job means you've given up your rights to pursue a sexual harassment in the workplace lawsuit.
Understanding the potential outcomes when you sue for harassment at work can help you set realistic expectations and make informed decisions about pursuing your case.
Filing a sexual harassment lawsuit can result in both monetary compensation and important non-monetary changes that benefit you and future employees.
Types of Compensation available in sexual harassment cases include back pay for lost wages, “front pay” for future earnings, compensation for emotional distress, pain and suffering, and in cases of particularly egregious conduct, punitive damages designed to punish the employer and deter future misconduct.
Non-Monetary Outcomes often include policy changes that improve workplace protections, mandatory training programs for employees and management, and personnel changes such as termination or reassignment of harassers.
Settlement vs. Trial Most sexual harassment cases settle out of court, which can provide faster resolution and guaranteed compensation while avoiding the stress and uncertainty of a trial. However, going to trial can sometimes result in higher damages and create public accountability. A skilled, empathetic lawyer can help steer this decision and the trade-offs of each approach.
Realistic Damage Amounts vary significantly based on factors like the severity and duration of harassment, the impact on your career and health, your salary level, and your employer's size and resources. While some cases result in substantial six, seven, or sometimes eight-figure settlements, others may settle for smaller amounts. If you are pursuing a lawsuit, make sure you work with an attorney who will help fight for your rights and not just settle for small compensation.
Long-Term Impact Many women do not realize that when you successfully sue your employer for sexual harassment, you can get career protection through mandated positive references or non-retaliation agreements. This means you don’t have to worry about future employment if you complain or pursue a lawsuit.
The outcomes of your case represent both personal vindication for what you've endured and broader positive change that can prevent future harassment.
Sexual harassment is illegal, and you can sue for workplace harassment when you've experienced it. The fact that you're considering legal action shows strength and courage. You deserve to work in an environment free from harassment, and the law is on your side.
If you recognize your situation in the examples and definitions outlined in this guide, if you can document the incidents, have been reporting through proper channels (if available to you), and if you're within the legal timeframes for filing a complaint, you likely have a strong case to sue your employer for sexual harassment.
If this is you, the next steps are clear:
Continue documenting any ongoing harassment, report the behavior through your company's procedures if you haven't already, and consult with an experienced employment attorney who can evaluate your specific situation and advise you on the best path forward.
Remember, you're not just a victim—you're someone with rights, options, and the power to seek justice. Take control of your situation and explore your legal options today. You deserve better, and the law agrees.
Reach out today to get the emotional and legal help you deserve.
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