Learn About Filing a Harassment Complaint

Understanding What Constitutes Harassment

Harassment is unwanted behavior that targets a person based on protected characteristics or creates a hostile environment. The behavior must be severe enough or happen often enough to interfere with someone's work, school, or daily life. It is important to understand that a single rude comment usually does not count as harassment, but a pattern of offensive behavior does.

Protected characteristics typically include race, color, national origin, sex, gender identity, sexual orientation, religion, disability, age (in some cases), and other categories defined by federal and state laws. Harassment based on these characteristics is illegal in workplaces, schools, housing, and public spaces. However, harassment laws vary by location, so what counts as illegal harassment in one state may differ in another.

Examples of harassment include repeated unwanted jokes or comments about someone's race or religion, unwelcome touching or comments about someone's body, threats of violence, spreading rumors designed to humiliate someone, exclusion from normal activities because of a protected characteristic, and creating an environment where someone feels unsafe or uncomfortable going about their daily activities. Harassment can happen in person, over the phone, through text messages, on social media, or through email.

The behavior must be tied to a protected characteristic to be considered illegal harassment in most cases. For example, if someone is treated badly because they are slow at their job, that is not harassment. But if someone is treated badly because of their race, that is harassment. The key difference is whether the negative treatment is connected to who the person is (a protected characteristic) rather than something they do or how they perform.

Harassment is different from bullying, though the terms are sometimes used interchangeably. Bullying may not involve a protected characteristic but still creates a hostile environment. In schools, bullying and harassment are often addressed through the same complaint processes. In workplaces, federal law focuses on harassment based on protected characteristics, though many employers have policies against bullying in general.

Takeaway: Document specific instances of harassment, including dates, what happened, who was involved, and any witnesses. Write down exactly what was said or done in your own words. This record will be important when you file a complaint and will help you remember details accurately.

Where You Can File a Harassment Complaint

Different places handle harassment complaints depending on where the harassment occurred. Knowing which agency or organization handles your situation is the first step in the complaint process. Most people can file complaints in multiple places, and filing in one location does not prevent you from filing elsewhere.

If harassment happened at work, you can file a complaint with your employer's human resources department, your state's labor board, or the Equal Employment Opportunity Commission (EEOC), which is a federal agency. The EEOC handles discrimination and harassment complaints in workplaces with 15 or more employees. Some states have their own fair employment agencies that also handle these complaints. You do not have to contact the EEOC first; you can file with your state agency, and they will coordinate with the EEOC if needed.

If harassment happened at school, you can report it to school administrators, your school district's Title IX coordinator (who handles sex-based harassment), your state's Department of Education, or the U.S. Department of Education's Office for Civil Rights. Schools are required by federal law to respond to complaints of harassment and discrimination.

If harassment happened in housing, such as an apartment complex or from a landlord or neighbor, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or your state's fair housing agency. Many states have their own agencies dedicated to housing discrimination and harassment.

If the harassment involved threats of violence, assault, or other criminal behavior, you can file a police report with your local law enforcement agency. Criminal harassment charges are separate from civil complaints and may result in prosecution. You can file a police report and a civil complaint at the same time.

Many communities also have human rights commissions at the local or state level that handle harassment and discrimination complaints. These agencies often work with federal agencies and can file complaints on your behalf or help you through the process. Community legal aid organizations also provide information about filing complaints and may offer representation.

Takeaway: Identify which agency has authority over your situation based on where the harassment occurred and who was involved. Write down the contact information for the relevant agency, including phone numbers, websites, and addresses. Many agencies allow you to file complaints online, by mail, or in person.

Steps to File a Formal Harassment Complaint

Filing a formal harassment complaint involves several steps, though the exact process varies depending on which organization you are filing with. Understanding these general steps will help you navigate the process regardless of where you file.

First, gather your documentation. Collect all evidence related to the harassment, including written communications (emails, text messages, social media messages), a timeline of events, names of witnesses, and any reports or notes you made at the time the harassment occurred. If the harassment was physical, take photographs of any injuries or damage. Keep all originals and make copies for your records.

Second, contact the organization where you will file your complaint. Call their complaint intake line or visit their website to learn about their specific procedures. Ask about deadlines for filing complaints, as most agencies have time limits. For example, the EEOC requires complaints to be filed within 180 or 300 days (depending on your state) from the last incident of harassment. State and local agencies may have different time limits.

Third, complete the complaint form. Most agencies provide a form you fill out with basic information: your name and contact information, the respondent's name (the person who harassed you), what happened, when it happened, where it happened, and what protected characteristic was targeted. Be clear and specific. Write in chronological order, and include exact dates if possible. If you cannot remember exact dates, provide approximate dates and note that you are estimating.

Fourth, submit your complaint through the method the agency specifies. This may be online, by mail, by email, or in person. Keep copies of everything you submit and get confirmation of receipt. Many agencies will send you a complaint number you can use to track your case.

Fifth, cooperate with the agency's investigation. Once you file a complaint, the agency will typically notify the respondent and may ask you questions. You may be asked to provide additional evidence, clarify details, or participate in interviews. Respond to all requests from the agency, as failure to do so can result in your complaint being dismissed.

Takeaway: Create a detailed timeline of all harassment incidents before filing. Include the date, time, location, what happened, what was said, who witnessed it, and how it affected you. This timeline will be the foundation of your complaint and will help ensure you do not forget important details.

What Happens During the Investigation Process

After you file a complaint, the agency investigating your case will follow a formal process. Understanding what to expect helps you prepare and know your rights throughout the investigation.

The agency will first review your complaint to determine if it falls within their authority. They will check whether the incident occurred in a place they have power over, whether it involves a protected characteristic, and whether it meets the legal definition of harassment. If your complaint does not meet these criteria, the agency may dismiss it or refer you to another agency that can help.

If your complaint is accepted, the agency will notify the respondent (the person accused of harassment) and give them a chance to respond. The respondent will receive a copy of your complaint and be asked to provide their account of what happened. This is normal procedure and does not mean your complaint is not being taken seriously.

The agency will then conduct an investigation. Investigators will interview you, the respondent, and witnesses. They will collect documents, emails, and other evidence. This process can take several weeks to several months. The timeline depends on how many witnesses there are, how much evidence exists, and how complex the case is.

During the investigation, you have certain protections. Federal law prohibits retaliation against people who file harassment complaints. Retaliation means being fired, demoted, given worse assignments, excluded from activities, or otherwise punished because you filed a complaint. If you experience retaliation, you can file a separate retaliation complaint with the same agency.

You have the right to be treated with respect throughout the investigation. You should not be pressured to drop your complaint, threatened, or intimidated. You also have the right to have a support person (such as a friend, family member, or lawyer) accomp