Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

Clearly, then, even though a Title VII investigation can take a lot of time and energy, in some cases a successful
complaint can bring the survivor money and other relief at a time when it is most needed. In reality, returning
to a hostile workplace will seldom be appropriate, but the most important function of a Title VII suit is to win
money damages to help defray burdensome expenses. (p. 100, Financial Civil Remedies)
However, employees should be aware that even in successful cases, money awards often are not very large.
Courts do not always award punitive damages, and compensatory damages are sometimes relatively low.
In addition, back- and front-pay awards are usually low for low-wage workers. And for those reasons, it is
sometimes difficult to find an attorney to take the case.
• The Process
Fortunately, the advocate does not need to be an expert in civil rights litigation to assist a survivor who
was assaulted or otherwise harassed at work. In fact, the survivor usually will not even need to hire her
or his own attorney. The United States Equal Employment Opportunity Commission (“EEOC”) is a
federal agency whose job it is to investigate and litigate Title VII cases. Therefore, the advocate’s main
responsibility is to simply to have a general understanding of how Title VII sex discrimination cases work
and to alert survivor when it seems there might have been a civil rights violation. Then, if appropriate, the
survivor’s main responsibility is simply to file a complaint with the EEOC, called a “charge.”
A charge generally must be filed with the EEOC within 180 days from the discriminatory act, or
the EEOC will not be able to file a lawsuit later. In addition, a third party—including friends, relatives,
co-workers, church members, etc.—can file an EEOC charge on behalf of another. Ten days following the
charge, the employer will receive notification and will have the opportunity to respond. At that point, the
EEOC performs an investigation and seeks to solve the problem appropriately.
The EEOC will first attempt a confidential negotiation with the employer and the survivor, called
“conciliation,” but if that is unsuccessful it may opt to file a lawsuit in federal court. However, the EEOC
does not take most cases to court; if the charge appears to have any merit, they usually will ask both
parties to mediate the dispute themselves first. Often, if mediation fails, the EEOC will still decline to take
the case to court, instead issuing the employee a “right to sue” letter, giving the employee 90 days to file
suit individually.
Finally, note that Title VII makes no distinction based on immigration status, so undocumented
workers and other non-citizen employees are protected. The EEOC has even been successful in the
past in obtaining court orders barring a company from discovering the immigration statuses of parties
and witnesses. Nevertheless, before proceeding always seek advice from EEOC attorneys or an
immigration attorney when the survivor is an immigrant, even if she or he is documented.
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