Should I Make an Employment Harassment Claim?

If you are experiencing harassment in the workplace, it is crucial to understand your rights and options. Making an employment harassment claim can help protect your well-being, hold the harasser accountable, and create a safer working environment. This article will guide you through the factors to consider when deciding whether to make an employment harassment claim.

1. Identify the Harassment: The first step is to recognize and document the harassment you are experiencing. Harassment can take various forms, including verbal, physical, or sexual. It may involve offensive comments, unwanted advances, discriminatory actions, or a hostile work environment.

2. Know Your Rights: Familiarize yourself with the laws and regulations surrounding workplace harassment in your country or state. These laws differ, but most jurisdictions prohibit harassment based on protected characteristics such as gender, race, religion, disability, or sexual orientation.

3. Assess the Severity: Evaluate the severity and frequency of the harassment. If the behavior is minor or isolated, you may consider addressing it through informal means, such as talking to the harasser directly or reporting it to your supervisor. However, if the harassment is ongoing, severe, or affecting your well-being and job performance, a formal complaint may be necessary.

4. Gather Evidence: Collect any evidence that supports your claim, such as emails, text messages, witness statements, or photographs. This evidence can strengthen your case and demonstrate the credibility of your allegations.

5. Consult an Attorney: It is advisable to consult an employment attorney who specializes in harassment cases. They can provide expert advice on the legal aspects of your situation, assess the strength of your claim, and guide you through the process.

6. Follow Company Procedures: Review your company's policies and procedures regarding harassment complaints. Typically, workplaces have a designated process for reporting harassment, which may involve filing a written complaint with Human Resources or another designated authority.

7. Understand the Risks: Before filing a formal complaint, consider the potential risks involved. Retaliation from the harasser or even the employer is a possible consequence, but anti-retaliation laws protect employees who make good faith complaints.

8. Seek Support: Reach out to supportive colleagues, friends, or family members who can provide emotional support during this challenging time. Sharing your experiences with others can also help validate your feelings and provide additional evidence if they have witnessed the harassment.

9. File a Complaint: If informal resolutions have not been successful or the harassment persists, proceed with filing a formal complaint. This usually involves submitting a written complaint detailing the incidents, dates, and individuals involved to the appropriate authority within your organization.

10. Cooperate with Investigations: If your employer initiates an investigation, cooperate fully by providing all necessary information and participating in interviews. Be honest and provide as much detail as possible to ensure a thorough investigation.

## Factors to Consider Before Filing a Claim

- **Evidence**: Gather and document evidence of the harassment.
- **Company Policy**: Review your employer’s harassment policy.
- **Legal Advice**: Consult with an employment lawyer to understand your rights and options.
- **Support System**: Ensure you have a support network, both personally and professionally.

## Filing the Claim

- **Internal Reporting**: Report the harassment to your HR department or designated officer.
- **Legal Action**: If internal reporting doesn't resolve the issue, consider legal action through an employment tribunal or court.

## Expected Settlements in Employment Harassment Claims

- **Compensation Varies**: Settlements in employment harassment cases can vary widely based on the case's specifics.
- **Factors Influencing Settlements**: Key factors include the severity and duration of the harassment, the impact on the victim (including emotional distress and career damage), and any lost wages or medical expenses incurred.
- **Average Settlements**: While settlements can range from a few thousand to hundreds of thousands of dollars, the average is often between $15,000 and $80,000. High-profile cases or those involving severe harassment may result in higher settlements.
- **Non-Monetary Compensation**: Settlements may also include non-monetary compensation, such as changes in workplace policies, reassignment of roles, or mandatory training for staff.

Remember, every situation is unique, and the decision to make an employment harassment claim ultimately depends on your comfort level, the severity of the harassment, and the potential impact on your professional and personal life. Seeking legal advice is crucial in understanding your rights and determining the best course of action.