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Sexual HarassmentSexual harassment in the workplace is a “hot button” topic which is frequently debated in homes, offices and talk shows throughout the country. Although many employers and employees are aware of the rules prohibiting sexual harassment, that does not prevent it from occurring. If you feel you have been subjected to sexual harassment at your workplace, please contact us to possibly schedule a consultation to learn more about your legal rights and options available to you. You can also click here to get a Questionnaire to complete and return to us for one of our attorneys to review. ProtectionWhenever men and women work together, there is a potential that inappropriate comments and conduct will occur and a sexual harassment claim may arise. Federal and Texas laws protect both male and female employees from sexual harassment if their employer has 15 or more employees. DefinitionSexual harassment claims can exist when a person in a position of authority over another employee (such as a supervisor) makes a direct request for sexual favors, which is rejected. If the rejected supervisor then causes the employee to suffer a tangible adverse employment action, a sexual harassment claim may arise. An employee can also have a sexual harassment claim when sexual matters or situations exist at the workplace which adversely affect the terms or conditions of the employee’s employment, whether that person is male or female. The harasser (male or female) can be a supervisor, co-workers or even the employer’s customers or clients. Offensive jokes, crude language, unwelcome sexual advances, comments about an employee’s appearance, questions about sexual acts or preferences and inappropriate touching can by themselves, or in combination with other acts, create a hostile environment, based on sex. ProcessBefore a person can pursue a sexual harassment lawsuit, he or she must first file a charge of discrimination with the Equal Employment Opportunity Commission, the Texas Workforce Commission – Civil Rights Division or a local fair employment practices agency. A charge must generally be filed within 180 days of the occurrence of the harassing conduct to which the charge refers. Failure to take this important step may prevent a person from asserting any claims for sexual harassment against an employer. The attorneys at Tanner and Associates can provide you with the guidance and representation you need to file and pursue your charge and then prosecute your lawsuit for sexual harassment. If you would like to contact us regarding a sexual harassment claim, please click here, fill out our questionnaire, and return it to our office or contact us by phone or email. |