Missouri workers have a right to work in an environment free from sexual harassment and discrimination. Unfortunately, many innocent employees experience unlawful sexual harassment in the form of unwanted verbal or physical conduct. For survivors of sexual harassment, knowing whether to pursue a civil lawsuit or criminal charges can be challenging. Knowing what to expect in a civil lawsuit for sexual harassment in Missouri can help you protect your rights and navigate the process as smoothly as possible.
Pursuing a Sexual Harassment Claim in Civil Court
The Civil Rights Act of 1964 and the Missouri Human Rights Act make sexual harassment in the workplace unlawful. They define sexual harassment as any unwanted sexual advances, requests for sexual favors, verbal or physical sexual conduct, and any other sexual that creates a hostile work environment. Gender-based harassment is also prohibited under the law. This type of harassment includes the use of negative stereotypes, slurs, and epithets based on sex, including gender and gender identity.
Can I Sue My Employer for Sexual Harassment in the Workplace?
Employees can hold employers liable for workplace harassment. Employers are legally required to investigate claims of sexual harassment and take necessary actions to prevent future incidents. If you have reported the harassment to your employer and they haven’t taken steps to stop it, you’ll need to take specific steps before taking legal action against them.
The first step is to file a complaint with the Missouri Commission on Human Rights (MCHR) or the U.S. Equal Employment Opportunity Commission (EEOC). In most cases, employees have 180 days to file with either agency. After filing a complaint, the relevant agency will conduct an investigation. If they find sufficient evidence to support your allegations of workplace sexual harassment, you will receive a “Right to Sue” letter, allowing you to pursue a lawsuit against your employer. The claims process includes multiple steps and can be complex. Working with an experienced attorney can help you submit a comprehensive, compelling claim to the appropriate agency.
The Difference Between Civil and Criminal Sexual Harassment in Missouri
In addition to pursuing a civil claim for monetary damages, local prosecutors may decide to bring the person with criminal sexual harassment charges. For example, Missouri recognizes the crime of sexual misconduct, which can include engaging in sexual acts or touching in front of another person, soliciting sexual conduct with the knowledge that the request may cause shock, alarm, or offense.
The main difference between civil and criminal sexual harassment cases involves who brings the charges and the goal of the case. In a civil case, the victim is seeking compensation and damages for the harm they’ve experienced because of the harassment. The victim brings the charges. On the other hand, in a criminal case, the state brings criminal charges and determines what evidence is presented. The defendant can face criminal penalties such as jail time and fines if convicted. Victims can pursue a civil claim for sexual harassment whether or not criminal charges occur.
Contact a Southern Missouri Sexual Harassment Attorney with Questions
If you have questions about what to expect in a civil lawsuit for sexual harassment in Missouri, the attorneys at Privette Law Office are here to help. If you decide to pursue a civil sexual harassment lawsuit, we will handle every aspect of your case while pursuing the justice and compensation you deserve. Don’t hesitate to contact the Privette Law Office to schedule a case evaluation.