can’t afford attorney to sue for sexual harassment
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Can’t Afford an Attorney to Sue for Sexual Harassment? Here’s What to Do
You’re being sexually harassed at work, but, you can‘t afford to hire an attorney to sue your employer. What now? Take a deep breath, this is a difficult situation, but, there are options.Sexual harassment is unacceptable and illegal, no matter your financial situation. You have rights, and there are resources to help – even if paying a private lawyer is out of reach.We’ll walk through the key things to know, and steps to take, if you can’t afford an attorney for a sexual harassment case. The process may seem daunting, but, you don’t have to face it alone.
Understanding Sexual Harassment and Your Rights
First, let’s get on the same page about what constitutes sexual harassment, according to the U.S. Equal Employment Opportunity Commission (EEOC):
- Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.
- Harassment can also include offensive remarks about a person’s sex. For example, making offensive comments about women in general, constitutes illegal harassment.
- The victim and harasser can be either a woman or a man, and the victim and harasser can be the same sex.
- The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
So in summary, sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature in the workplace. It’s illegal, and you have rights, regardless of your ability to afford a private attorney.
Filing a Complaint with the EEOC
Your first step is filing a complaint with the EEOC. This is free, and an EEOC investigation could result in your employer having to pay you damages, without you having to go to court.The EEOC allows you to file a complaint (called a “charge”) either by mail or in person at your nearest EEOC office. You can find your local office on their website.When filing, you’ll need to include:
- Your name, address, and telephone number
- The name, address and telephone number of the employer you want to file your charge against
- The number of employees employed there (if known)
- A short description of the events you believe were discriminatory, including dates
- When the discrimination took place
- Your signature
It’s important to file within 180 days of the last date the harassment took place. The EEOC will investigate and attempt to resolve the charge. If they find harassment occurred, they‘ll try to get your employer to compensate you through an informal settlement process called “conciliation.”If conciliation fails, the EEOC may decide to file a lawsuit on your behalf. Or, they’ll give you a “right to sue” letter, allowing you to file a lawsuit in federal court yourself within 90 days.Even if you can’t afford a lawyer at this point, going through the EEOC process first is crucial. It‘s free, and exhausting this administrative remedy is a legal prerequisite before you can file a harassment lawsuit.
Seeking Free or Low-Cost Legal Help
While the EEOC process is free, having legal representation can significantly increase your chances of a successful outcome. An attorney can help gather evidence, file the right paperwork, negotiate with your employer, and represent you in court if needed.If you truly cannot afford a private attorney, look into these options for free or low-cost legal aid:
Legal Aid ServicesLegal aid organizations provide free legal assistance to those who qualify based on income. Search for your local legal aid office and inquire about services for employment discrimination cases.
Law School ClinicsMany law schools have clinics where law students, supervised by professors, provide free legal help to low-income clients. Reach out to law schools in your area.
Private Attorneys Pro BonoSome private attorneys take cases on a pro bono (free) basis, especially for compelling discrimination cases. Legal aid offices can sometimes refer pro bono cases to private firms.
Contingency Fee LawyersAttorneys who take cases on a contingency fee basis receive a percentage (often 30-40%) of any settlement or award, rather than an upfront fee. This allows you to get legal representation without paying costs out-of-pocket.Contingency lawyers are highly motivated to win your case and maximize the amount recovered. However, they are also very selective about which cases they take, preferring strong cases with high potential damages.Even if you don’t qualify for free legal aid, a consultation with a contingency fee employment lawyer is worth exploring. Bring all documentation of the harassment and be prepared to demonstrate the harm you‘ve suffered.