Filing A Claim For Workplace Harassment Under The EEOC
Last updated on September 18, 2025
Your work environment should be a safe space. No one deserves to be harassed at their job. Your rights to a safe workplace are protected under federal employment laws and the Equal Employment Opportunity Commission (EEOC). From our offices in Atlanta and Washington, D.C., our employment law attorneys at Southworth PC file claims for workplace harassment with the EEOC on behalf of clients nationwide.
What Is Workplace Harassment?
The EEOC defines workplace harassment as a form of workplace discrimination and declares it to be a violation of Title VII of the Civil Rights Act of 1964. According to the EEOC, workplace harassment is any unwelcome or offensive conduct that is based on any of the following:
- National origin, race or color
- Gender, pregnancy, sexual orientation or gender identity
- Religion, age, disability or genetic information
Harassment can be by a direct or indirect supervisor, a co-worker or even by a nonemployee. A victim of harassment can also include others affected by the offensive conduct, not just the victim. It is also not necessary that the victim was demoted or terminated from their job.
What Are The Different Types Of Harassment?
Harassment can be verbal, visual or physical. Offensive conduct that creates a hostile or offensive environment. Sexual harassment is any unwelcome sexual advancements, suggestions or requests for sexual favors that either create a hostile workplace environment or suggest a quid pro quo (this for that) exchange. For instance:
- Hostile work environment: A hostile work environment could be created by employees who make crude jokes or comments about another person’s appearance, sexual preferences or orientation, and things of this nature. It is ongoing behavior that makes the person feel uncomfortable in the workplace.
- Unwanted advances: Unwanted sexual advances could include someone repeatedly asking another person out on a date, touching them inappropriately or asking for sexual favors.
- Quid pro quo harassment: This often occurs when there is an attempted exchange, such as a business owner telling an employee that they will get a promotion or a raise in exchange for the aforementioned sexual favors.
Employees need to know exactly what legal rights they have in all of these cases.
When Is Harassment Illegal?
Harassment is illegal when the continued harassment becomes a condition of employment. In other words, an employee has no choice but to continue to endure the harassing behavior or offensive conduct as part of their job. However, the EEOC requires that, in order to be illegal, the incidents of harassment must be serious and ongoing, and not just annoyances or minor insults. Additionally, isolated incidents of harassment are not enough unless the incident was exceptionally serious.
Filing A Harassment Claim With The EEOC
Overall, a lot of factors go into determining whether an act of harassment rises to the level of illegality. An experienced employment law attorney will be able to assess the facts of your particular circumstances to determine if you have a viable EEOC claim for harassment.
It is important to act quickly. Generally, federal employees need to contact an EEO counselor within 45 days after the event. If they want to file a charge, they typically have just 180 days to do so—though there are some exceptions, where state law can extend the deadline. Either way, acting quickly is crucial.
What Is The Difference Between Harassment And A Hostile Work Environment?
The difference is often whether an employee is being specifically targeted or not. With harassment, there are often specific events that take place, and that employee is being harassed intentionally by the other party. For example, a CEO intentionally commits quid pro quo sexual harassment by asking an employee under their charge to engage in a sexual relationship in exchange for a raise.
A hostile work environment, on the other hand, may be less directly targeted. Say that a female employee is in an office with several male employees, and they constantly make disparaging remarks about women in general. They might often tell crude jokes or display offensive material in their cubicles. This makes the female employee feel very uncomfortable at work, and she may choose to report the behavior and take legal action.
What Does The EEOC Consider When Investigating Harassment Claims?
The EEOC will conduct a comprehensive investigation by looking at the entire record of all the details involved in the case. This could include the nature of the conduct or the alleged harassment, along with the context in which those incidents took place. The EEOC will also look at whether or not the harassment is considered pervasive or severe. They determine what will be an eligible case on a case-by-case basis. Experienced federal harassment lawyers can help with a federal harassment claim.
Do You Have A Hostile Work Environment? Schedule A Free Case Assessment Today
There are strict filing deadlines for filing claims with the EEOC. If you think that you have a federal claim for harassment, call our employment attorneys today at 888-899-7284 or send us an email through our website to schedule your free case assessment.