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Claiming Sexual Harassment


Published by Lala C. Ballatan
Submitted: 11 March,2005

If you are abiding by your stout decision to pursue a sexual harassment case against the person who have violated your rights by forcing his sexual interests on you, then it is but just. However, you might have exhausted all possibilities in dealing with the sexual harassment you felt at work. Let’s say you have already done things by yourself, by confronting him, or you already have tried asking help in your workplace.

If these informal methods have made no serious impact on your attacker, then it’s about time to launch formal approaches that does not only deal with personal honor or company rules and regulations.

Consider filing a Title IX complaint with the Office for Civil Rights at the U.S. Department of Education. You can go directly to the Department of Education in Washington so that you could get more information about this area of the law. For a little bird’s eye view, however, Title IX covers all students and employees in institutions where there is federal aid or assistance, including financial aid going to the institution. In filing such complaint, you need not bother with an attorney. Still, you can file a Title IX lawsuit later if you desire to do so.

Investigations and findings may take a while, though you could speed up the process by asking your 2 Senators and Representative to write the Secretary of Education. Request that you be kept posted with the progress and results of the investigations.

Another thing you could do is file a Title VII complaint with your local office of the Equal Employment Opportunity (EEO). You could also file with the agency in your state that handles fair employment practices. Title VII only covers employees including student employees. The State Attorney General’s office might be able to find the right department for you since the state and federal commissions work closely together. An attorney is also not needed, but if you want to go into court to file a lawsuit, ask the permission from the EEOC.

Aside from lawsuits files under Title IX and Title VII we have given you as options for launching formal complaints against your harasser, you could also file a civil lawsuit under state law. One of the areas that can be covered for your case is “intentional infliction of harm”.

In many states, sexual assault or abuse may be characterized by unwanted touching one’s private parts like your breasts or genitals. Every state imposed the illegalities of sexual assault and attempted sexual assault. If you believe that your harasser has sexually assaulted you or at least attempted to, report your allegations to the police. Bring a friend who will support you in reporting these allegations.

As in every case, one has to take action as soon as the assaults or harassments took place.

In decidedly pursuing your sexual harassment/sexual assault claims, prepare yourself too in the psychological and emotional strain you might encounter along the way. Nevertheless, be brave! -30-

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