What legally counts as sexual harassment?
Under Title VII (enforced by the EEOC), sexual harassment is unwelcome conduct of a sexual nature that affects employment terms or creates a hostile work environment. It covers quid pro quo (a supervisor demanding sex for a promotion) and hostile environment (pervasive offensive conduct).
Can I file a sexual harassment complaint without a lawyer?
Yes. File a Charge of Discrimination at eeoc.gov/filing-a-charge-of-discrimination or at your nearest EEOC field office. The process is free, and EEOC intake staff will help you complete the charge. No attorney signature is required.
What is the deadline to file a sexual harassment charge with the EEOC?
You have 180 days from the last act of harassment to file in states without a state civil rights agency, or 300 days in states with their own agencies. Most states have agencies, so your deadline is likely 300 days — but do not wait.
Do I need to report harassment to HR before filing with the EEOC?
Legally, you are not required to exhaust internal HR procedures before filing an EEOC charge. However, documenting that you reported the conduct to HR and your employer failed to act strengthens your case significantly.
Can I file a sexual harassment complaint against a coworker (not just a supervisor)?
Yes. Title VII covers harassment by supervisors, coworkers, customers, and vendors. For coworker harassment, the employer is liable if it knew (or should have known) about the conduct and failed to take prompt corrective action.
What evidence helps prove a sexual harassment claim?
Save all emails, texts, voicemails, and written communications. Keep a detailed written log of each incident with dates, times, locations, witnesses, and exact words or conduct. Document any HR complaints you made and the employer's response (or lack of one).
Can my employer fire me for reporting sexual harassment?
No. Retaliation for filing an EEOC charge or reporting harassment internally is illegal under Title VII. If your employer retaliates — fires, demotes, or harasses you further — file an additional EEOC retaliation charge promptly. Retaliation claims are taken very seriously.
What does the EEOC do after I file a sexual harassment charge?
The EEOC notifies your employer within 10 days, may offer free mediation, and then investigates. If it finds reasonable cause, it attempts conciliation (settlement). If no settlement is reached, the EEOC may sue or issue you a Right to Sue letter within 180 days.
Can I file at my state civil rights agency instead of the EEOC?
Yes. Many states offer broader protections and longer statutes of limitations than federal law — for example, California DFEH covers employers with 1+ employees (vs. EEOC's 15+). Filing with the state agency also preserves your federal rights in most states through a work-sharing agreement.
What damages can I recover for sexual harassment?
You may recover back pay, front pay (lost future wages), compensatory damages (emotional distress), and punitive damages (capped at $50,000–$300,000 depending on employer size). Reinstatement is also available. Filing the EEOC charge is the mandatory first step to any federal lawsuit.
Does the EEOC process apply to independent contractors?
Generally no — Title VII covers employees, not independent contractors. However, courts look at the actual working relationship rather than job title. If you were misclassified as an independent contractor, the EEOC may still have jurisdiction. File the charge and let the EEOC make the determination.
Can I file a sexual harassment complaint against a small employer?
The EEOC covers employers with 15+ employees for Title VII claims. For smaller employers, your state civil rights agency may cover you — many states cover employers with 1–4 employees. File with your state agency if your employer is below the federal threshold.
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