Harassment at work can make your life stressful, overwhelming, and even unbearable. If you’re reading this, you might be dealing with unwanted treatment at your job and wondering what your options are. You may be asking yourself: “Can I really sue my employer for harassment? How do I even start?”
The answer is yes—you can take legal action. But there’s a process you need to follow, and it’s important to do it the right way to protect your rights and increase your chances of success.
This guide will walk you through how to file a harassment lawsuit against your employer, step-by-step, in plain English. Whether your harassment is sexual, racial, or related to another protected trait, you’ll learn exactly what to do, when to do it, and what to expect.
Understanding Workplace Harassment
Before you take any action, it’s important to understand what legally counts as workplace harassment. Not every uncomfortable situation at work is harassment in the legal sense.
Workplace harassment happens when:
- You are treated unfairly or targeted because of a protected trait, such as:
- Race or color
- Religion
- Sex, sexual orientation, or gender identity
- National origin
- Age (40+)
- Disability
- The behavior is severe or happens repeatedly enough to create a hostile work environment.
- The harassment affects your ability to work or feel safe at your job.
Harassment can be:
- Verbal (slurs, offensive jokes, threats)
- Physical (assault, unwanted touching)
- Visual (inappropriate images, emails, or gestures)
- Work-related retaliation (demotion, bad reviews, or firing because you spoke up)
If what’s happening to you falls under these categories, you may have a legal case.
Why You Should Act Quickly
Many employees hesitate to take action because they fear retaliation or think things will “blow over.” Unfortunately, waiting too long can:
- Make your mental and emotional health worse.
- Weaken your case if important evidence is lost.
- Cause you to miss strict legal deadlines.
In the U.S., you usually have only 180 to 300 days from the date of the harassment to file a complaint with a government agency (depending on your state and whether federal laws apply).
Acting quickly protects both your legal rights and your well-being.
Steps to File a Harassment Lawsuit Against Your Employer
Step One: Document Everything
Your first step is to start a record of what’s happening. Don’t rely on memory alone—lawsuits and complaints need solid evidence.
Keep track of:
- Dates and times of each incident
- What was said or done
- Names of people involved
- Names of witnesses
- Copies of emails, text messages, or other proof
Tip: Keep this record outside of your work computer—preferably at home or in a secure cloud account. You don’t want your employer to access it.
Step Two: Report the Harassment to Your Employer
Before you can sue, you almost always have to give your employer a chance to fix the problem. Most companies are legally required to have an anti-harassment policy and a complaint process.
Check your employee handbook or HR policies. Typically, you’ll be told to:
- Report harassment to your supervisor (unless they are the harasser)
- Contact human resources (HR)
- Use a company hotline or online reporting system
- Speak to a designated compliance or EEO officer
When reporting, be clear and specific. You can say something like:
“On [date], [name] made [specific comment or action]. This behavior is unwelcome, offensive, and is creating a hostile work environment for me.”
Why this step matters:
- It shows you gave your employer a fair chance to address the problem.
- If they don’t fix it, you have stronger proof for your lawsuit.
- The law often requires you to notify your employer first before going to court.
Step Three: File a Complaint with a Government Agency
In the U.S., you usually cannot go straight to court for workplace harassment. You first need to file a complaint with either:
- The Equal Employment Opportunity Commission (EEOC) (federal agency), or
- Your state’s anti-discrimination agency (sometimes called a human rights commission).
These agencies handle complaints about workplace discrimination and harassment.
Filing deadlines:
- EEOC: 180 days from the harassment (300 days if state law also covers it)
- State agencies: Deadlines vary, but often match or extend EEOC timelines
How to file with the EEOC:
- Online: Use the EEOC Public Portal to submit an inquiry.
- In person: Visit a local EEOC office.
- By mail: Send a signed letter with your details and evidence.
Your complaint (also called a “charge”) should include:
- Your name and contact info
- Your employer’s name and contact info
- Description of the harassment (with dates and details)
- Why you believe it’s illegal harassment
What Happens After You File with the EEOC or State Agency
Once your complaint is filed:
- Employer Notification: The agency sends your employer a copy of your complaint.
- Investigation: The agency may interview witnesses, review documents, and request evidence from both sides.
- Mediation or Settlement: Many agencies offer mediation to help both sides resolve the issue without a lawsuit.
- Agency Decision:
- If they find harassment occurred, they may try to negotiate a settlement.
- If they don’t find enough evidence, they’ll still give you a “Right to Sue” letter.
Step Four: Get a “Right to Sue” Letter
A “Right to Sue” letter is your ticket to take your case to court. Without it, your lawsuit will likely be dismissed.
You can:
- Wait for the agency to finish its investigation, or
- Request the letter early (especially if you don’t want to wait months for a decision)
Once you get the letter:
- You usually have 90 days to file your lawsuit in court.
- If you miss this deadline, you may lose your right to sue.
Step Five: File Your Lawsuit
At this stage, you (and ideally your attorney) will draft a complaint to file in either state or federal court.
Your lawsuit should include:
- Facts of what happened
- How it violated the law
- The damages you’re seeking (money, reinstatement, etc.)
Types of damages you may recover:
- Economic damages: Lost wages, medical bills, therapy costs
- Non-economic damages: Emotional distress, pain and suffering
- Punitive damages: Extra money to punish your employer for serious wrongdoing
- Attorney’s fees: In some cases, your employer may be ordered to pay your legal costs
Do You Need a Lawyer?
Technically, you can file a harassment lawsuit without a lawyer. But in reality, harassment cases are complex. A good employment lawyer can:
- Determine the best legal claims for your case
- Help you meet deadlines and file correctly
- Negotiate stronger settlements
- Represent you in court
Tip: Many employment lawyers offer free consultations and only get paid if you win (contingency fee).
Protecting Yourself from Retaliation
It’s illegal for your employer to retaliate against you for:
- Reporting harassment
- Filing a complaint
- Participating in an investigation
Retaliation can include:
- Firing or demoting you
- Cutting your hours
- Giving unfair performance reviews
- Excluding you from meetings or opportunities
If retaliation happens, you can add it as a separate legal claim—potentially increasing your damages.
What to Expect During the Lawsuit
Filing a lawsuit is not an overnight process. It can take months—or even years—to resolve. Here’s what you can expect:
- Filing and serving the complaint
- Employer files a response
- Discovery phase (both sides exchange evidence and take depositions)
- Settlement talks or mediation
- Trial (if no settlement is reached)
Most harassment cases settle before going to trial, often because employers want to avoid bad publicity.
Common Mistakes to Avoid
- Not reporting the harassment internally: Courts often require proof you gave your employer a chance to fix it.
- Missing deadlines: Even a single day late can ruin your case.
- Failing to document incidents: Without evidence, it’s your word against theirs.
- Posting about your case on social media: This can be used against you in court.
- Quitting too soon: Sometimes it’s better to stay employed while building your case (unless it’s unsafe).
Your Mental Health Matters Too
Harassment takes a serious emotional toll. While you work through the legal process:
- Seek support from friends, family, or a therapist
- Take care of your physical health
- Consider joining a support group for workplace harassment survivors
Remember: You have the right to a safe, respectful workplace.
Key Takeaways
- You can sue your employer for harassment, but you must follow specific steps.
- Document everything from day one.
- Report the harassment internally first.
- File a complaint with the EEOC or your state agency before going to court.
- Get your “Right to Sue” letter and file your lawsuit within the deadline.
- An employment lawyer can greatly improve your chances of success.
- Protect yourself from retaliation and take care of your mental health during the process.
Final Words
Filing a harassment lawsuit against your employer is not just about getting compensation—it’s about standing up for your rights and helping make workplaces safer for everyone.
Yes, the process can feel intimidating. But with the right information, strong evidence, and possibly a skilled lawyer by your side, you can fight back against harassment and get the justice you deserve.
You do not have to suffer in silence. If you’re experiencing harassment at work, start taking action today. The sooner you begin, the stronger your case will be—and the sooner you can move forward toward a healthier, safer work environment.