Also, keep a detailed journal. Write down the specifics of everything that feels like harassment. Include the names of everyone involved, what happened, and where and when it took place. If anyone else saw or heard the harassment, note that as well. Be as specific as possible about what was said and done -- and how it affected you, your health, or your job performance. Keep your journal and notes at home or in a secure place.

If your employer has conducted periodic written evaluations of your work, make sure you have copies. In fact, you may want to ask for a copy of your entire personnel file -- before you tip your hand that you are considering taking action against a harassing co-worker. Your records can be particularly persuasive evidence if your employer retaliates against you for complaining -- which is also illegal. For example, you'll want a copy of your records if you've had positive performance evaluations until you complain, and then your employer tries to transfer, demote, or fire you or claims your job performance is poor.

Complain to Government Agencies Before Filing a Lawsuit

If complaining to your employer doesn't help, the next step is to go to either the federal agency that enforces Title VII -- the U.S. Equal Employment Opportunity Commission -- or to your state fair employment office. If all investigation and settlement attempts fail to produce satisfactory results, you can file a civil lawsuit for damages under either Title VII or your state fair employment practices statute.

You must file a complaint with the EEOC before filing a federal lawsuit. Even if you intend right from the beginning to file a lawsuit, you sometimes must first file a claim with a government agency. For example, an employee pursuing a claim under federal law must first file a claim with the Equal Employment Opportunity Commission (EEOC), and a similar complaint procedure is required under some state laws.

The EEOC or state agency may decide to prosecute your case on your behalf, but that happens rarely. More commonly, at some point, the agency will issue you a document referred to as a "right-to-sue" letter that allows you to take your case to court with your own lawyer.