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FILING A CHARGE OF SEXUAL
HARASSMENT
If you think you have been the victim of sexual harassment,
it is important that you have first used any company policy for
reporting and remedying the misconduct. Even though you
think you might be embarrassed or even if you fear retaliation,
you need to file a charge with your employer if it has a policy.
Depending on whether the employer quickly and
appropriately responds to your complaint, you will want to
file a charge of discrimination with the EEOC or the Kansas
Human Rights Commission. Only employers with 15 or
more employees are subject to federal law. If the employer
is smaller, then you will have to file with the KHRC. For
employers who are subject to federal law, you have 300 days
from when the discriminatory conduct occurred to file your
charge of sexual harassment with the EEOC. However, you
only have 180 days to file with the KHRC. There are some
special rules for sexual harassment that might allow you to
file outside these time periods, but it is best to file as soon
as possible. You can file on your own, or you can work with
a competent employment attorney who understands the
process.
Once your charge is filed, the employer will often be asked
if it wants to go to mediation concerning your charge. This is a
process of trying to resolve the charge in an informal way
without a time-consuming investigation. The EEOC has its
own mediators who conduct the mediations. They are
neutrals who have no stake in the outcome. The KHRC also
uses mediators to try to resolve charges of discrimination. For
more on mediation, click here.
HARASSMENT
If you think you have been the victim of sexual harassment,
it is important that you have first used any company policy for
reporting and remedying the misconduct. Even though you
think you might be embarrassed or even if you fear retaliation,
you need to file a charge with your employer if it has a policy.
Depending on whether the employer quickly and
appropriately responds to your complaint, you will want to
file a charge of discrimination with the EEOC or the Kansas
Human Rights Commission. Only employers with 15 or
more employees are subject to federal law. If the employer
is smaller, then you will have to file with the KHRC. For
employers who are subject to federal law, you have 300 days
from when the discriminatory conduct occurred to file your
charge of sexual harassment with the EEOC. However, you
only have 180 days to file with the KHRC. There are some
special rules for sexual harassment that might allow you to
file outside these time periods, but it is best to file as soon
as possible. You can file on your own, or you can work with
a competent employment attorney who understands the
process.
Once your charge is filed, the employer will often be asked
if it wants to go to mediation concerning your charge. This is a
process of trying to resolve the charge in an informal way
without a time-consuming investigation. The EEOC has its
own mediators who conduct the mediations. They are
neutrals who have no stake in the outcome. The KHRC also
uses mediators to try to resolve charges of discrimination. For
more on mediation, click here.
| A Kansas employment attorney representing Kansas employees in sexual harassment disputes 913-385-9955 |
Other issues:
Sexual harassment
and the mediation
process, click here.
Sexual harassment
and the litigation
process, click here.
Sexual harassment
and the mediation
process, click here.
Sexual harassment
and the litigation
process, click here.
| MICHAEL M. SHULTZ Johnson County and Lawrence, Kansas 913-385-9955 Phone 866-385-9955 Toll free e-mail us Working with clients throughout Kansas, including Johnson County and Sedgwick, Douglas and Shawnee Counties, including the cities of Kansas City, Kansas, Overland Park, Olathe, Wichita, Topeka, Lawrence, Salina, Manhattan and Emporia. The information in these pages is intended for Kansas employees who are interested in sexual harassment law. The information is intended for educational purposes only and is not intended to establish an attorney client relationship with any person. If you have an actual legal problem concerning sexual harassment, you should contact a competent Kansas employee rights attorney. |
MICHAEL M. SHULTZ A Kansas Sexual Harassment Attorney for Kansas Employees |