If you are thinking about filing a sexual harassment claim against your employer, you should seek help from a reputable sexual harassment attorney. A lawyer can help make sure your claim is filed on time and contains the evidence you need to achieve a favorable resolution. If you are unable to secure a favorable result in your Equal Employment Opportunity Commission (EEOC) complaint, your attorney can advise you on whether or not you should file an employment discrimination lawsuit.
The Charlotte sexual harassment lawyers at The Nye Law Group have the knowledge and combined years of experience you need to be successful with your claim. We are committed to holding employers accountable and obtaining any compensation you are entitled. Your initial consultation with our attorneys is absolutely free and you will not be charged for our services unless we obtain a favorable resolution of your claim. The Nye Law Group’s Charlotte office is located at 402 W Trade Street, just four minutes from the EEOC’s Charlotte district office.
Call us right now at 855-856-4212 to find out if we can assist you.
Laws Against Sexual Harassment
In North Carolina, there are two laws prohibiting workplace sexual harassment:
- Title VII of the Civil Rights Act of 1964 – This prohibits employers from discriminating against employees on the basis of sex and other designations. Discrimination on the basis of sex could include terminating employment, refusing to hire, having a merit system based on sex or determining compensation based on a person’s sex. The law notes a variety of other examples of conduct that would be considered sex discrimination.
- North Carolina Equal Employment Practices Act – The law states that everyone has the right to seek, obtain and hold employment without facing discrimination or abridgement on the basis of biological sex, race, religion, national origin or disability. The law applies to companies that regularly employ 15 or more people. The act also requires government employers to create a plan to prevent harassment in the workplace.
The EEOC is the primary enforcer of these laws and it defines sexual harassment as unwelcome comments, behaviors, requests for favors or physical contact of a sexual nature. However, these behaviors do not rise to the level of sexual harassment unless:
- Victims feel pressure to allow this conduct to keep their jobs.
- Employees are denied promotions or other benefits if they do not submit to these behaviors.
- The conduct creates an intimidating or hostile workplace or damages an employee’s ability to do his or her job.
If you think you are experiencing sexual harassment at your job, contact our Charlotte sexual harassment lawyers for a free legal consultation. We can advise you on what to do.
Fill out our Free Case Evaluation form or live chat with a representative.
Common Examples of Sexual Harassment
There are many examples of physical or verbal conduct that fit the definition of sexual harassment, including:
- Continuing to hit on a co-worker after he or she has asked you to stop
- Asking a co-worker out for a date after you have already been turned down
- Unwelcome compliments about a person’s physical appearance
- Unwelcome jokes of a sexual nature
- Holding workplace functions at strip clubs or sexualized locations
- Displaying lewd or obscene pictures of women
- Touching a coworker in a sexual way against his or her will
- A boss asking a secretary for a date and promising a promotion if she says yes
- Demanding sex in exchange for a promotion or other rewards
- Asking about the status of a co-worker’s relationship
- Asking a coworker about his or her sex life
- Sexually suggestive gestures designed to offend co-workers
- Stalking a coworker, which could include waiting by his or her car or calling the person at home when you have been asked to stop
- Calling someone a slut or making other insults of a sexual nature
If you are experiencing any of these forms of harassment, our Charlotte sexual harassment lawyers can help you fight back.
Call our skilled lawyers at 855-856-4212.
Behavior that is not Sexual Harassment
There are some misconceptions about what is and is not sexual harassment. For instance, it is not against the law to date or engage in a consensual sexual relationship with a co-worker.
Other behaviors that do not rise to the level of harassment include:
- Flirtatious banter that is consensual and not directed at a third party
- Non-sexual compliments as long they are the types of compliments you would give to a stranger because you have no reason to believe he or she would find it objectionable
- Talking about your sex life with a co-worker if both of you feel comfortable discussing it
However, while these actions may not be prohibited by the law, your employer may have rules against it. Consult your employee handbook or human resources office to find out if any behaviors directed at you violate company policies.
Live chat with a representative.
If you are experiencing sexual harassment at your job, keep a journal with dates and times of specific instances of harassing conduct and the employees involved. This kind of evidence could be the deciding factor in the success of any claims you make, either with the EEOC or through a sexual harassment lawsuit.
The next step is to contact our Charlotte sexual harassment lawyers so we can advise you on how best to proceed. However, you should contact us quickly because you only have 180 days from the date of discrimination to file a lawsuit or claim with the EEOC. After the 180 days are up, you cannot pursue a claim and you forfeit any chance to obtain compensation for what you have been through.
If your employer has procedures for dealing with harassment, our Charlotte sexual harassment lawyers will advise you to follow them. We can help you work with your employer throughout the process.
Filing an EEOC Complaint
After reporting the incident to your employer, the Charlotte sexual harassment lawyers at The Nye Law Group can help you file a claim with your local EEOC office. Here is the contact information for EEOC offices in North Carolina:
- 129 West Trade Street Suite 400 Charlotte, NC 28202; phone: (704) 344-6682
- 2303 W. Meadowview Road Suite 201 Greensboro, NC 27405-7813; phone: (336) 547-4188
- 1309 Annapolis Drive Raleigh, NC 27608-2129; phone: (919) 856-4064
The EEOC will provide a copy of your charge and charge number. You can check the status on the Online Charge Status System. You can also call 1-800-669-4000 to check the status by phone.
The EEOC will send a notice and a copy of the charge to your employer within 10 days of it being filed. After that, the EEOC will do one of three things:
- Request that you and your employer take part in a mediation program
- Request that the employer answer questions about your claim, after which your claim will be taken to an investigator
- Dismiss your claim because it was not filed on time or the EEOC does not have proper jurisdiction
If the EEOC takes your claim to an investigator, this person will conduct an investigation where documents will be gathered and witnesses will be interviewed. If the EEOC concludes that you did experience discrimination, it will try to reach a voluntary settlement with your employer.
Your employer may decide not to settle, in which case the agency will decide whether or not to file a lawsuit against your employer.
However, if the agency decides not to file a lawsuit, or it determines that discrimination did not occur, it will give you a notice stating that you have the right to file a lawsuit.
Discrimination complaints that go to mediation are usually resolved in less than three months. However, claims that are investigated may not be resolved for up to six months.
Contact our Charlotte sexual harassment lawyers by calling 855-856-4212.
Filing a Sexual Harassment Lawsuit
If you are unable to obtain a favorable resolution of your EEOC complaint, our Charlotte sexual harassment lawyers may be able to file a lawsuit.
We will conduct a detailed investigation to collect all of the important evidence, including:
- Reviewing your notes about instances of harassment or discrimination
- Reviewing video evidence if it exists
- Reviewing the employer’s history of handling discrimination
- Interviewing witnesses
- Communicating with police and other authorities if there was any criminal conduct involved
Your company will likely decide to settle the lawsuit rather than face the bad press from a trial. Our Charlotte sexual harassment lawyers are prepared to negotiate a fair settlement for all of the damages you have suffered, which could include:
- Lost wages
- Medical bills for counseling or psychiatric treatment
- Emotional distress
- Loss of consortium for harm to the victim’s marital relationship
- Punitive damages if your employer’s conduct was particularly egregious
We will not accept any unfair settlement offers because we are prepared to take your case to trial. Our Charlotte personal injury attorneys are experienced litigators who know how to achieve justice in the courtroom as well as at the negotiating table.
Call our Charlotte sexual harassment lawyers right now. 855-856-4212
Schedule Your Free Consultation Right Now
Despite laws against it, sexual harassment continues to occur in workplaces in North Carolina and across the country. Fortunately, victims have a variety of options for putting a stop to it and obtaining compensation for the effects of harassment.
Our Charlotte sexual harassment lawyers know what your options are and can guide you through the process. We will focus exclusively on your best interests throughout the legal process. We know you have been through a lot and you deserve aggressive legal representation.
Complete a Free Case Evaluation form right now to learn your legal options.