Yes, there is a deadline to file a sexual harassment complaint with the U.S. Equal Employment Opportunity Commission (EEOC). After an individual has been sexually harassed at work and they decide they want to file a complaint against their employer with the EEOC, in most cases, they will need to so do within 180 calendar days from the day the act of discrimination occurred. The EEOC does say that the 180-day deadline is extended to 300 days if “a state or local agency enforces a law that prohibits employment discrimination on the same basis.”
If an individual is uncertain as to which deadline applies to their particular matter, they can always contact a New Hampshire sexual harassment lawyer who can clarify this for them.
Because sexual harassment is viewed as a form of sex discrimination, an individual who decides to file a complaint against their employer for one or more incidents that occurred in the workplace will actually need to file what is called a Charge of Discrimination. A Charge of Discrimination can be filed online via the EEOC’s Public Portal. Before a formal charge is filed, the individual will first be asked a few questions that will help the EEOC determine if it the right agency to handle the complaint.
Can sexual harassment complaints be filed with any other agency in New Hampshire?
Yes, in fact, an employee can file a discrimination complaint with the New Hampshire Commission for Human Rights. Remember, sexual harassment is a form of sex discrimination, and therefore, an employee will need to file a discrimination complaint with the agency. Similar to the EEOC, the NH Commission for Human Rights does require employees who have been sexually harassed at work to file their complaint within 180 days from the date of the last act of discrimination.
In some cases, the agency may also extend the deadline to file a discrimination complaint to 300 days.
Once a complaint or charge is filed with the agency, the employer will receive a copy where they will be given the opportunity to submit a written response. An investigator will then be assigned to the case and will begin conducting an investigation. During the investigation, the Commission will encourage both parties to try and resolve the issue. in the event the issue goes unresolved and the Commission finds probable cause to believe the employer engaged in sexual harassment, it may schedule a public hearing.
Should an employee who has been sexually harassed at work hire a New Hampshire sexual harassment lawyer?
If an employee is looking to hold their employer accountable for their inappropriate behavior, they should consult with a sexual harassment attorney in New Hampshire to find out how they can help them do this. Although the EEOC and the NH Commission for Human Rights do accept complaints, these agencies will not serve as a victim’s legal counsel and likely cannot provide the same services a lawyer can.
With that in mind, it does benefit a sexual harassment victim to hire an attorney to ensure their case is properly investigated. Additionally, a sexual harassment lawyer can also help an employee file a civil lawsuit against their employer if they are unhappy with the outcome of the complaint investigation.
If an employee would like to discuss their incident with a New Hampshire sexual harassment attorney, they can contact USAttorneys.com for help with locating a legal expert in their area. Whether an individual works in Manchester, Nashua, Concord, or anywhere else in NH, USAttorneys.com will help them find an attorney who is closest to them.