Do I have a case?

What is the name of your state (only U.S. law)? TX

My boss has been making sexual comments to me for about 3 years. I finally mentioned something to his boss about it back a few months ago. He contacted the HR manager who called me to discuss the situation. I told both that I decided not to pursue any action because I just didn't have the mental strength at the time to deal with it and I personally feared the ramifications if any. They dropped it. Then, I get a phone call from the HR manager a few weeks ago telling me I've been laid off due to restructuring. My counterpart in my same city and one other person with my job title were let go--the other 20 or so were kept. I have had excellent job performance with this company and the lay-off just doesn't add up. I am wondering if it had anything to do with my sexual harrassment complaint. Should I pursue a case against them? I do not have any of the e-mails my boss sent me and I'm sure it may come down to a he said she said situation. He has harrassed other women in the company but I am not sure they would come forward because they still have their jobs. I do have witnesses to a few exchanges my boss and I had, but no e-mails. This is a very large company. Should I pursue action against them, and if so, what do I need to prove the case and what would the backlash be (for future employment, etc.). Please advise. Thank you!What is the name of your state (only U.S. law)?

File a claim with the EEOC.

If you want to pursue this, you need to file a complaint with the EEOC and receive a right to sue letter before you can take any legal action. It will not be a fast process; it will be a minimum of six months before you get the RTS. You do not need to prove the case - the EEOC will do the investigation. It will not affect future employment.

You reported a complaint but then withdrew it. I don't see that you did anything that would even make anyone WANT to retaliate against you! You are not the only person that was laid off, so I don't see that you have ANY reason to connect your withdrawn complaint to the lay off. You can always file a complaint with the EEOC, but I don't see that it would go anywhere.

Just FYI, withdrawing a complaint does not make it go away. Once you have made a complaint of sexual harassment, the employer is required by law to investigate and/or take action.

Thank you for the responses. I did not file a formal complaint with my employer--i.e. HR did not take statements or anything from me. So I should pursue through EEOC? Should I get a lawyer? Please advise. Thanks!

I think you need to give HR a chance to handle it first. The EEOC is going to ask what administrative remedies you attempted and your attempting to withdraw the report is not going to work in your favor.

Thank you! Can HR handle it even if my last official day of employment is tomorrow? Also, if HR were the ones who laid me off? Sorry to be a pain! Thank you for your help!

Yes to both questions. It doesn't matter when your last day of work is. Additionally, HR may have been the ones to give you the word but I promise you, they were not the ones who made the decision to lay you off unless you also worked in the HR department. That's not how it works. So the fact that they told you, you were laid off is irrelevant to an SH investigation.