| Read Time: 3 minutes | Sexual Harassment
Mistakes to Avoid When Filing Sexual Harassment

Standing up to sexual harassment takes courage. It is not just a battle for justice but a fight to reclaim your dignity and ensure others do not endure the same harm. But even the bravest individuals can falter without understanding the mistakes to avoid when filing sexual harassment claims. One wrong move could derail your case, leaving you without recourse in a system that often prioritizes process over people.

Shields Petitti & Zoldan, PLC, Phoenix’s foremost employment law advocates, can provide guidance to avoid pitfalls and maximize your chances of success. We combine legal prowess with compassionate counsel to guide you every step of the way.

What Are Common Mistakes to Avoid When Filing Sexual Harassment Claims?

When filing a sexual harassment claim, avoiding these common mistakes is crucial to preserving the strength of your case and ensuring you receive the justice you deserve. Preparation and informed action can make all the difference as you navigate this challenging process.

Failing to Document the Harassment

Without detailed documentation, your claim may lack the credibility it needs under scrutiny. Some important evidence you will want to collect includes:

  • Record every instance of harassment, including dates, times, and locations; 
  • Identify the names of any witnesses to the harassment; and 
  • Save relevant emails, text messages, or other forms of communication that corroborate your experiences. 

This evidence strengthens your case and provides a solid foundation for negotiations or litigation. We can help you compile and organize your evidence to present a compelling claim.

Delaying the Filing Process

Deadlines, known as statutes of limitations, govern how long you have to report harassment. For federal claims filed with the Equal Employment Opportunity Commission (EEOC), you typically have 300 days from the incident date. However, Arizona’s state-specific laws may have shorter deadlines. Missing these deadlines can disqualify your claim entirely. Consulting with an experienced attorney at Shields Petitti & Zoldan early in the process is key to staying on track.

Speaking to the Wrong People

Discussing your case with coworkers, supervisors, or others in your workplace can backfire. While it’s natural to seek support, oversharing details of your claim may lead to retaliation or gossip, which can complicate your case. Instead, limit discussions to your attorney and trusted individuals outside your workplace. Our attorneys can help you navigate these sensitive dynamics while protecting your rights.

Not Following Internal Reporting Procedures

Most companies have policies requiring employees to report harassment internally before pursuing external claims. If you experience harassment, consider the following steps: 

  • Review your employee handbook to understand the proper channels for reporting harassment; 
  • File a formal complaint with your human resources department or designated officer; and 
  • Retain copies of all correspondence and ensure your complaint is thorough and specific.

Skipping this step can weaken your case, as courts often view it as a failure to allow the employer to address the issue.

Misjudging the Emotional Toll

Filing a sexual harassment claim is not just a legal process; it’s an emotional journey. Many employees underestimate the stress, scrutiny, and potential backlash involved. Preparing mentally and emotionally is as important as preparing legally. Shields Petitti & Zoldan’s compassionate approach ensures you have the support you need to face these challenges head-on. Our attorneys combine legal experience with genuine empathy, helping clients navigate even the most trying circumstances.

Undervaluing Legal Representation

Attempting to handle a claim without professional legal assistance is one of the gravest mistakes you can make because: 

  • Sexual harassment laws are complex; 
  • Employers often have experienced legal teams working to discredit claims; and
  • You risk serious missteps that could derail your case.

Our trial-ready sexual harassment attorneys are renowned for their courtroom prowess and negotiation skills. With decades of combined experience, we offer a level of legal acumen and determination that few firms can match.

Filing A Sexual Harassment Claim? Shields Petitti & Zoldan, PLC Can Help

Do not let avoidable errors jeopardize your case. Shields Petitti & Zoldan’s attorneys excel at guiding clients through every stage of the process, from filing complaints to securing favorable outcomes in court. Recognized by Super Lawyers and boasting nearly $25 million in settlements and verdicts, we are the trusted advocates you need. Take the first step toward justice today by contacting us to schedule a consultation.

Author Photo

Attorney Michael Zoldan provides legal counsel to individuals and small businesses throughout Arizona. Mr. Zoldan’s practice is based on aggressive and detail-oriented representation, focusing on employment discrimination, wage and hour disputes, harassment, and wrongful termination. Prior to forming Shields Petitti & Zoldan, Mr. Zoldan worked for numerous law firms where he had an opportunity to hone his litigation skills by working on multiple litigation cases at a time with some of the most skilled litigators in the state.

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