Sexual Harassment in the Workplace: How to File a Complaint and Protect Your Career
Sexual harassment remains a serious issue in many Connecticut workplaces. It can lead to a hostile work environment, negatively impact an employee's well-being, and derail career growth. Under Connecticut employment law, sexual harassment is considered a form of discrimination.
James S. Brewer Attorney at Law regularly advises individuals who face these situations and wish to take legal steps to protect their rights and careers.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that affects an individual's employment, interferes with job performance, or creates an intimidating or offensive work environment.
Recognizing Harassment in the Workplace
Employees may encounter various forms of harassment. Some might be overt and direct, such as inappropriate touching or explicit comments.
Others may be more subtle, including repeated suggestive remarks, lingering looks, or constant pressure for dates. Connecticut employment law defines two main types of sexual harassment: quid pro quo and hostile work environment. Quid pro quo occurs when job benefits are conditioned on sexual favors.
Hostile work environment harassment exists when offensive behavior becomes pervasive or severe enough to interfere with an employee’s job performance. These standards are outlined in both federal Title VII protections and Connecticut General Statutes § 46a-60.
Immediate Steps to Take When Experiencing Harassment
Any employee who believes they’re being sexually harassed should take steps to document the conduct. Even if the behavior feels subjective, employment law procedures require evidence to support a complaint. Individuals should keep written records of each incident, noting the date, time, location, individuals involved, and any witnesses.
Saving emails, text messages, or voicemails can also support a claim. Before taking any formal legal steps, reviewing the employer's written sexual harassment policy is important. Most Connecticut employers are required to maintain these policies under state employment law.
These documents usually outline the procedure for internal reporting, including whom to contact and how to submit a complaint. Employees should follow this process when possible, as it often becomes a factor later in litigation or agency review.
Filing an Internal Complaint
Under Connecticut employment law, an employee is generally expected to report harassment internally before pursuing outside remedies. This involves submitting a complaint to a supervisor, human resources department, or other designated office.
In the complaint, the employee should provide clear, factual descriptions of the conduct and request that the behavior stop. If the employer fails to respond adequately or retaliates against the complainant, this strengthens the basis for an external complaint.
Employers are prohibited from retaliating against employees for reporting sexual harassment. Retaliation can include demotion, reduction in hours, poor performance reviews, or even termination. These actions are themselves violations of employment law and can lead to separate claims.
Filing a Complaint with the CHRO
The Connecticut Commission on Human Rights and Opportunities (CHRO) is the primary state agency that enforces anti-discrimination laws, including sexual harassment protections. An employee who believes they have experienced harassment can file a complaint with the CHRO within 300 days of the last incident.
This is a strict deadline, and missing it may bar further legal action. Lawyers often advise that the complaint must include factual details, dates of misconduct, and the names of the individuals involved. Once the complaint is filed, the CHRO may offer mediation or investigate the claim.
The CHRO can issue findings of probable cause and offer relief such as back pay, emotional distress damages, or orders for policy changes. The CHRO process also allows for a release to sue, which gives the employee the right to file a lawsuit in state court.
Federal Employment Law Options
Sexual harassment is also prohibited under federal employment law through Title VII of the Civil Rights Act.
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for investigating these claims. In Connecticut, a complaint filed with the CHRO is automatically dual-filed with the EEOC. This preserves the right to pursue claims under both state and federal law.
If the EEOC doesn’t act on the complaint within 180 days, the complainant may request a "Right to Sue" letter and pursue a lawsuit in federal court. Federal and state claims can often be brought together, and both sets of laws provide for similar types of damages.
Evidence Is Key
Filing a sexual harassment complaint under employment law requires more than just making allegations. Evidence is critical.
Witnesses can also play a vital part, especially coworkers who observed the conduct or were subject to similar treatment. The strength of the case often depends on whether the complainant can show a pattern of behavior or severe conduct that substantially altered the workplace environment.
How Employers Respond to Complaints
When an employer receives a sexual harassment complaint, they must take steps to investigate and respond under employment law. In many cases, employers will initiate internal investigations and interview witnesses.
They may place the accused employee on leave or transfer one or both parties. However, employers sometimes respond inadequately or attempt to suppress the complaint.
If this happens, it is more important than ever to involve legal counsel. Inadequate employer response may itself be a violation of employment law, particularly if the harassment continues or if the complaining employee faces adverse consequences for speaking up.
How to Protect Your Career During the Process
Filing a complaint doesn’t mean that a career must be derailed. However, many employees fear retaliation or damage to their professional reputation.
Employment law in Connecticut offers protections, but practical steps also matter. Employees should continue to perform their duties well, maintain positive relationships with coworkers, and avoid confrontations. Documenting continued performance and avoiding workplace gossip can strengthen the complainant’s credibility.
Career protections may also include requesting reassignment, temporary leave, or modified reporting relationships. These steps can be requested through human resources and, in some cases, may be considered reasonable accommodations under Connecticut’s employment law system.
Settlement and Legal Remedies
If the investigation finds that harassment occurred, the employer may offer a settlement. Settlements can include back pay, reinstatement, neutral job references, or compensation for emotional distress.
Connecticut courts may award economic damages, compensatory damages, and attorney’s fees under employment law. The court may also issue orders for employer policy changes or employee training. Any settlement agreement should be reviewed carefully, especially confidentiality or non-disparagement clauses.
While these are often standard, they may limit a complainant’s ability to discuss their experiences in future employment settings.
Special Considerations for Small Businesses and Public Employees
Employees of small businesses may face different challenges. Connecticut employment law applies to most employers with at least three employees, but the range of available remedies can vary.
Public employees may have additional protections through union contracts or civil service rules. Filing grievances or using administrative procedures may be required before filing external complaints.
Timeframes and Deadlines
Timelines are critical in any employment law case. The 300-day window for filing with the CHRO begins on the date of the last incident. Filing late may result in dismissal, regardless of how strong the facts are. Keeping accurate records and reaching out to legal counsel early can prevent missed deadlines.
If a complaint proceeds to court, the statute of limitations varies depending on the legal claims involved. Most claims must be filed within two or three years of the harassment. However, earlier action often leads to better outcomes.
Steps to Take When Facing Sexual Harassment
Are you facing sexual harassment? Follow these steps:
Review your employer’s sexual harassment policy and internal reporting procedures
Document each incident of harassment in writing, including times, places, and individuals involved
Preserve any written or digital communications related to the harassment
Report the conduct through your employer’s designated channels as soon as possible
File a complaint with the CHRO within 300 days of the last incident
Cooperate with any investigations, but consult legal counsel before signing agreements
Track any acts of retaliation, including schedule changes, demotions, or altered duties
Request a release to sue if the agency investigation is insufficient
Consider both state and federal employment law remedies
Continue to perform your job duties professionally to protect your career prospects
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James S. Brewer Attorney at Law helps workers take control of the process, gather necessary evidence, and demand accountability. They’re proud to serve Berlin, Connecticut, and the surrounding areas. Call today.