Sexual Harassment. Nuts & Bolts of Filing A Claim Under Title VII

Sexual Harassment: Nuts & Bolts of Filing A Claim Under Title VII of 1964*

This blog post is the second in a series explaining Title VII of the Civil Rights Act of 1964, which is the federal law prohibiting sexual harassment and discrimination in the workplace.

The first post reviews the definition of Sexual Harassment under Title VII, and how the Equal Employment Opportunity Commission (EEOC), the U.S. Supreme Court, and other courts interpret "sexual harassment and discrimination" under that law.

This post provides the nuts and bolts of filing a case under Title VII if you believe you been subjected to sexual harassment or a hostile work environment in the workplace.  All civil cases have time limits in which you have to file the case.  These are known as STATUTE OF LIMITATIONS.  It is important act quickly in federal sexual harassment cases because the statute of limitations is very short.

1. Federal Law:  Title VII of The Civil Rights Act of 1964

a.  What is Title VII?  As described in the first post, Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against job applicants and employees “because of the person's race, color, religion, sex (including pregnancy, gender identity, and sexual orientation),* national origin, age (40 or older), disability or genetic information.”  This series of posts focuses on sex discrimination, not the other protected classes.

The EEOC further notes that “[i]t is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.” https://www.eeoc.gov/eeoc/  In other words, retaliation is illegal. 

The Supreme Court has held that discrimination includes harassment and a hostile work environment. See Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986)

b. Which Employers Have Are Subject to Title VII? “Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.” Source: https://www.eeoc.gov/eeoc/

c.  What Is the Statute of Limitations? When Should A Complaint Be Filed?  Under federal law, you must first file with the EEOC within 180 days (about 6 months) from the time you believe you have been discriminated against. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. 

Source: https://www.eeoc.gov/employees/timeliness.cfm**

d.   What You Should Know: EEOC Process: Conciliation and Litigation:  The EEOC is charged with investigating the complaints in a timely manner, and is required by Title VII to attempt to resolve findings of discrimination on charges through a process known as conciliation.

e.   What If The EEOC Finds Reasonable Cause To Believe Discrimination Occurred?

If the EEOC determines there is reasonable cause to believe discrimination has occurred, both parties will be issued a "Letter of Determination." The agency invites the parties to settle the charge through an informal, voluntary and confidential process known as conciliation.  As a future article will explain, a large number of the claims in which "reason to believe that discrimination has occurred," likely will settle before the claim ever goes to court.

If the parties cannot reach a settlement, the EEOC will issue a "Right to Sue" letter which requires that the complainant file in the appropriate federal court within 90 days of receiving the right to sue letter. 

f.   What If The EEOC Concludes Than A Violation of The Law is Not Established? "If the EEOC concludes that the information obtained in the investigation does not establish a violation of the law, the person who filed the charge of discrimination will be issued a letter called a "'Dismissal and Notice of Rights.'"

This informs the person that he or she has the right to file a lawsuit in federal or state court within  90 days from the date of receipt of the letter.  The employer also receives a copy of this document.

2.  Take Away:

The determination of whether sexual harassment or discrimination has occurred under Title VII is dependent upon an application of the facts presented to the standard in the law.  If you believe you have been harassed or discriminated against, it is best that you contact the regional office of the EEOC (NY Regional EEOC contact information is linked here) or your attorney, or feel free to contact me as soon as possible to help guide you in your decision making on whether to file a claim.

It is better to act sooner rather than later, because the statute of limitations are very concrete and if you fail to file within the time limits prescribed, you likely will lose your chance to "have your day in court."

The next blogpost will be on related New York State and New York City laws and regulations that protect individuals against sexual harassment and discrimination in the workplace.**


**The statute of limitations that applies to the NY Division of Human rights is different than the one that applies to the EEOC, even though the facts of the claims may be overlapping. The NY Human Rights Law imposes a one-year time period from the last date of discrimination for the filing of complaints in the Division.  NY Exec Law, Art. 15 (Human Rights Law(HRL))§297(5). If your claim is older than a year, you may still have an option to file in state court, up to 3 years from the last date of discrimination. (The details of New York State and New York City anti-discrimination laws in employment will addressed in the third blogpost) Source: https://dhr.ny.gov/faq  

* DISCLAIMER:  Attorney Advertisement (NYCPR 7.1) Any information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. The writer is never responsible for the accessibility or accuracy of the linked material, which is provided only as a point of reference and for convenience.  No information contained in this blogpost should be construed as legal advice from Beth George, Esq. nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this information contained in this blogpost should act or refrain from acting on the basis of any information included in this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.  If you have a 15 minute consult with Beth V. George, Esq., such consult is for evaluation only and such contact does not constitute the establishment of an attorney-client relationship. Both the attorney and the individual must enter into a written agreement in order for there to be an attorney-client relationship established.