You reported sexual harassment at work and you expected your employer to take it seriously. Instead, you feel ignored, dismissed or pushed aside. That can leave you frustrated and unsure of what to do next.
The Civil Rights Act bars sex-based harassment that creates a hostile work environment and retaliation when you oppose conduct you reasonably believe is unlawful. Even with these protections in place, you may find that the reality can be very different.
When your complaint disappears into a system designed to protect the company
Not every flawed investigation breaks the law. Some actions may only be lawful when they are tied to protected activity or sex-based conduct that meet the legal thresholds. Still, some patterns may still raise legal concern.
Companies may sometimes focus more on reducing liability than stopping misconduct. You may notice warning signs such as:
- Delaying the investigation or neglecting to follow up after your report. Employers must take prompt and effective corrective action once they learn of possible harassment.
- Pressuring you to remain silent or sign a broad confidentiality agreement. An employer can require confidentiality, but they cannot block you from filing a charge with the EEOC.
- Labeling the conduct a personality conflict instead of harassment. Repeated or severe sex-based conduct can violate Title VII if it changes your work conditions.
- Changing your schedule, duties or performance evaluations after you complain. Retaliation is illegal even if the company disputes the harassment claim.
- Conducting a biased or inadequate investigation that ignores witnesses or documents you provide. Employers must act in good faith when they review complaints.
One issue alone may not prove a violation, but a pattern of conduct can support a legal claim.
Why these tactics can cross the line
Georgia does not have a broad state law that covers private sector sexual harassment claims. Title VII typically applies to employers with 15 or more employees, which is significant in north Georgia, where many businesses are small.
You generally must file a charge with the EEOC within 180 days of the discriminatory act. After issuing a right-to-sue notice, you typically have 90 days to file a lawsuit in court.
When silence is not the end of the story
You do not have to accept silence as the final answer. The law provides enforceable rights as an employee.
If your employer failed to act or punished you for reporting, you may have legal remedies. A strong advocate may help evaluate your situation and help you determine an appropriate course of action.