When the first thing you do after being fired from a job is to file a complaint with the HR department, you’re probably wondering, “How can I make my complaint go away?”
To be clear, you can’t file a grievance unless you feel that the company has a pattern or practice of discrimination against women and/or that it’s retaliating against you for complaining.
But how do you do that?
The following article will give you some tips to help you file a sexual harassment complaint with HR if you’re an employee at a company that doesn’t provide a HR department for complaints.
In this article, we’ll look at how to get your complaint to HR, how to file it, and the legal ramifications of filing a complaint.
If you’re looking for a quick, effective way to make a complaint, here are some quick tips for filing a sexual harasser complaint.
What You Need to Know When You File a Sexual Harassment Complaint to HR What you need to know about filing a Sexual Misconduct Complaint You must file a Sexual Conduct Complaint if: You’ve been terminated or demoted for misconduct that’s covered under Title VII or Title IX You’ve filed a sexual misconduct complaint with your supervisor or manager or a person with the authority to make decisions about your employment You’ve experienced sexual harassment or retaliation at work You’re a current employee who hasn’t been fired for misconduct and/ or demotion, or you’ve been fired without cause (or for a reason that doesn�t apply to you) You’ve had your job terminated or suspended, or for misconduct (not for sexual harassment) and/ to have your job reinstated You’ve received a retaliatory discharge or loss of pay or other compensation You’ve complained to a Human Resources employee about a sexual harassing behavior by your supervisor You�re a survivor of a sexual abuse, or have a survivor as a family member (you can have up to three children) You�ve had your family members or friends fired for reporting you to HR You�m a survivor and/OR you�re receiving a disability benefits payment for an injury or illness You are not an employee of the company, and you are requesting that your employer investigate your complaint in good faith to determine whether there is a pattern of retaliation against you.
How to File a Sexually Harassed Complaint with HR If you�ve been fired or demotivated, you need a way to file your complaint.
You�ll need to fill out a Sexual Discrimination Complaint Form and submit it to the HR Department.
You can also file a Sex Harassment Form with your boss, supervisor, or other HR employee.
In the case of an employee who�s fired or dismissed for sexual misconduct, you must file the Sexual Harassed Sex Discrimination Complaints Form as well.
(To learn more about filing your Sexual Harassings Complaints with HR, read our article on filing a Sex Discrimination Sexual Harassing Complaint.)
How to Report a Sexual Incident to HR If a coworker or former coworker of yours reports sexual harassment to you, you will need to report the harassment to the Office for Civil Rights (OCR) in the following ways: by phone or email to your HR manager, by filing a written report with the Sexual Miscreant and Harasser hotline, by sending an email to the following contact: the OCR’s hotline for sexual Harassment, the Sexual Abuse Hotline, and/ors the Sexual Violence Hotline.
If your boss or supervisor has been fired/demoted, you may also want to contact the HR Office for Human Resources.
(This information is available in our HR department website.)
How do you report a Sexual Violation of the Fair Labor Standards Act?
You must follow the steps outlined in the Fair Pay Act (FLSA), which requires employers to provide a minimum wage and overtime pay for all employees and to pay for certain overtime, such as travel time, sick days, vacation, and holiday pay.
You also must pay the worker who reported you for violating the FLSA and/our other workplace laws and regulations.
For more information on filing your FLSA complaint, read this article.
How do I report a Discrimination Violation?
If you believe your employer violated any of the following statutes, you should file a discrimination complaint with a federal, state, or local government agency or with the Equal Employment Opportunity Commission (EEOC).
How to Get a Complaint and How to Prepare Your Complaint If you don�t want to take this route, you might want to get a copy of the Complaint Procedure Guide and Form 4-4, which provides guidance on how to prepare and file your Complaint.
You should also consult with a human resources attorney to understand how to follow the process of filing your Complaints and for how to obtain and maintain legal representation.
How can I file a Complaints Against a Company?
If your employer doesn�T provide a grievance process to complain about sexual harassment, you have several options for filing complaints: