Filing your claim with the EEOC (under Title VII of the 1964 Civil Rights Act).
You must file a claim with the EEOC within 180 days of the last incident of harassment to begin the process for obtaining relief under Title VII. An EEOC claim can be filed in a manner to protect the victim's identity. Title VII covers all public and private employers in the United States, as well as U.S Citizens working for a U.S. company based in a foreign country. Complaints can be filed through EEOC district offices are located across the United States. The Civil Rights Act covers only companies with 15 or more employees. State fair employment agencies (FEP) laws may be more generous and extend to smaller companies.
The EEOC conducts its own investigation of the company or organization. Through the investigation, the EEOC determines whether or not harassment occurred, whether harassment is provable in court, and whether other employees have suffered from sexual harassment as well. Upon finishing the investigation, the EEOC makes a determination. If the EEOC finds in the favor of the victim (agrees you were harassed), it can pursue (settle) the case for you (happens in less than 1% of cases filed) or issue you a 'right-to-sue' letter so you and your lawyer can file a lawsuit independently. If the investigation finds you were not harassed, you can appeal the EEOC's finding.
The EEOC investigation can be lengthy and take over a year. If you wish, you and your attorney can skip the EEOC investigation, but you must at least file a claim with the agency before you can obtain the right to sue letter that allows you to enter court.
Few sexual harassment cases get to federal court, and those that do can take years. Victims who win sexual harassment cases in federal court can receive the following remedies : attorneys fees; reinstatement of promotion; compensatory and punitive damages; pay for lost wages and benefits; injunctive relief (changes in workplace policy and practice to prevent future harassment). The amount of damages awarded depends on the size of the company.
States statutes are modeled after Title VII. Most states have a Fair Employment Practice agency located in the state capital that is responsible for enforcing state statutes banning sex discrimination. Most states also have an investigative process which varies. Be aware that some states have weak FEP laws that provide for little or no remedy at all. Time limits for filing claims with FEP agencies range from 6 months to one year. Most FEP agencies do not protect the victim's identity.
The EEOC and state fair employment practice agencies will first attempt to settle your case out of court.