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The Five Common Mistakes Sexual Harassment Victims Make in Their Cases

man with hands on shouldersExperiencing sexual harassment in the workplace is a violation of one of your fundamental legal rights to not endure discrimination. It can potentially harm you financially as well if you're denied a position, raise, promotion, or other benefit of your employment.

You don't have to tolerate your employer’s illegal actions. You have the right to pursue compensation under Title VII of the Civil Rights Act of 1964 and Idaho law. To maximize the amount you receive, you want to avoid these mistakes.

Five Mistakes You Do Not Want to Make

Unfortunately, victims of sexual harassment make a number of common mistakes that hurt their sexual harassment cases and decrease the amount of their settlement. You want to learn from these errors and avoid them. The top five mistakes are:

  1. Not telling the person to stop. One element of your case that you have to prove is the advances were unwanted. To establish this, you need to tell the person to stop the unwanted behavior, and this could resolve the problem. If it doesn't, you should tell the harasser again to stop and follow it up with a written letter or email.
  2. Not reporting the harassment. Reporting the harassment to a supervisor is a critical step you should take to build your case. It's official documentation of your complaint and your employer’s attempts or lack of effort to stop the illegal harassment. If your supervisor is the harasser, you should complain to his boss.
  3. Not documenting the incidents. Not documenting the incidents of sexual harassment limit your ability to prove the harassment occurred. Keep a journal of all incidents of sexual harassment and copies of any written documentation of your complaints to supervisors and to the harasser demanding he stop the unwanted sexual behavior.
  4. Signing a release if you're fired. It's illegal to terminate you in retaliation for your complaints of sexual harassment. If you're fired, don't sign a release or any other documents without first having an attorney review them. You could be waiving important legal rights—including your right to sue your employer for harassment.
  5. Not contacting an attorney. Not contacting an attorney early enough is a big mistake. Reach out to an experienced sexual harassment attorney as soon as possible if the harassment doesn't stop. Your attorney can help you build your case, negotiate your settlement, and file your administrative complaint before the statute of limitations expires.


Did you make one or more of these errors? Don’t worry. You haven't ruined your case. Over the years, I've helped many clients receive the compensation they deserve for the harassment they suffered. Call me today at 888.716.8021 to schedule a free, no-obligation consultation.