What Should I Expect During the Sexual Harassment Lawsuit Process?
Filing a sexual harassment lawsuit can feel overwhelming, but understanding what to expect can help you navigate the process with confidence. In New York City, the legal system offers robust protections for employees, and understanding the steps involved can help make a difficult situation more manageable.
Initial Steps: Consultation and Evaluation
The first step in any sexual harassment case is usually a consultation with an experienced employment attorney. During this meeting, the attorney will evaluate the facts of your situation, determine whether the conduct qualifies as sexual harassment under the New York City Human Rights Law, and explain your options.
Your attorney may ask for documentation, including emails, texts, notes, or records of incidents, as well as any witnesses who observed the behavior. Gathering detailed evidence early can strengthen your case and provide clarity on the next steps to take.
Filing a Complaint
Before filing a lawsuit in court, many cases begin with a formal complaint to the New York City Commission on Human Rights (CCHR). This agency investigates allegations of sexual harassment in workplaces covered by city law. The CCHR may offer mediation or pursue legal action on your behalf if it finds sufficient evidence of harassment.
Filing with the CCHR is a crucial step because the agency can provide remedies such as monetary compensation, policy changes at the workplace, or other corrective actions. In some cases, filing a complaint with the CCHR is required before proceeding to a court lawsuit.
Discovery Phase
If the case proceeds to litigation, the next phase is discovery. During discovery, both sides exchange information relevant to the case. This may include witness statements, emails, text messages, and internal company documents. Discovery allows both the plaintiff and the defendant to build their arguments and prepare for trial.
Depositions are also common during this phase. A deposition is a sworn, out-of-court testimony where parties and witnesses answer questions under oath. Depositions can be challenging, but your attorney will guide you and ensure your rights are protected throughout the process.
Negotiation and Settlement
Many sexual harassment cases are resolved before reaching trial. Settlement negotiations may occur at any stage of the process, and your attorney can advocate for compensation for lost wages, emotional distress, or punitive damages. Settlement offers should be carefully reviewed, and it’s important to understand the full terms before agreeing to resolve the case.
Even if a settlement is offered, you have the right to reject it and proceed to trial if you and your attorney believe your case warrants further legal action.
Trial and Judgment
If your case does not settle, it will proceed to trial. During the trial, both sides present evidence, call witnesses, and make legal arguments. The judge or jury will evaluate the evidence and decide whether sexual harassment occurred and what remedies are appropriate.
Trials can be lengthy and emotionally challenging, but having experienced legal representation ensures your case is presented effectively and your rights are protected.
Post-Trial Considerations
After a judgment is rendered, additional steps may be taken. For example, the defendant could appeal the decision, or the court may oversee the enforcement of remedies. Your attorney can guide you through post-trial actions and help ensure that any awards or corrective measures are implemented.
Helping Those Facing Sexual Harassment
The sexual harassment lawsuit process involves multiple steps—from consultation and evidence collection to filing complaints, discovery, negotiation, and potentially trial. Each case is unique, and outcomes depend on the facts, severity of the conduct, and quality of legal representation.
Understanding what to expect can help reduce anxiety and allow you to focus on protecting your rights. With knowledgeable legal counsel, you can navigate the process strategically, ensure your claims are heard, and seek appropriate remedies for the harm you have suffered.
If you believe you have experienced sexual harassment, taking action promptly and seeking guidance from an experienced attorney at Phillips & Associates, PLLC can make a significant difference in the outcome of your case. No one should face harassment in the workplace, and the law provides tools to hold violators accountable.