Texas Sexual Harassment Attorney
Workplace Sexual Harassment
Workplace sexual harassment is a serious matter that can affect anyone on their job regardless of their gender identity or sexual orientation.
Many people still don’t fully understand what qualifies as sexual harassment in the workplace.
There are Two Forms of Workplace Sexual Harassment
Quid Pro Quo
This involves a coworker, generally a manager or supervisor, offering or asking for sexual favors in exchange for promotions, pay raises, or other benefits. Even if an employee agrees to the proposition out of fear of termination or retaliation, this behavior still qualifies as quid pro quo workplace sexual harassment.
Hostile Work Environment
If a coworker makes sexually suggestive comments to you, touches you inappropriately, or exhibits intimidating behavior toward you because of your gender identity, this can constitute a hostile work environment.
Remember that the behaviors must be “severe and pervasive,” meaning the harassment affects your ability to do your job.
You can also experience a hostile work environment if your employer treats you less favorably than others because of your gender identity.
If you have suffered from either quid pro quo or a hostile work environment on your job in Texas, you should contact David Langenfeld, a Texas sexual harassment attorney, at once.
The Nature of Workplace Sexual Harassment
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex.
For example, it is illegal to harass a woman by making offensive comments about women in general.
Both the victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client, customer, or vendor.
What are Some Examples of Workplace Sexual Harassment?
Some examples of sexual harassment on your job in Texas include:
- Asking for sex or repeatedly asking for a date and not taking “NO” for an answer.
- Stating or implying that you might get a promotion or a raise if you have sex or that you might be fired or demoted if you don’t.
- Unwanted touching including hugging, kissing, groping, or fondling.
- Making jokes about sex or sexual orientation, offensive or crude words, or gender-based slurs.
- Making sexual comments about a person’s clothing, anatomy, or looks.
- Making comments or teasing anyone about their sexuality, sexual development, or gender identity.
- Harassing anyone for not fitting their idea of social gender norms.
- Sharing pictures or videos of private body parts, sexual activity, or sexually suggestive acts on their cell phone, in a magazine, on a computer, or in an email.
- Pulling at your clothing (pulling down on your pants, flipping your skirt, lifting your shirt, etc.) or grabbing at you so they can see or touch any part of your body.
- Sex or gender-related name calling.
- Making negative comments about women or men in general.
If any of these examples apply to you, you should contact a Texas sexual harassment attorney.
The Importance of Following Employer Policy When Reporting
Sexual Harassment at Work
It is very important to follow the employer’s policies and procedures for reporting workplace sexual harassment. These are usually found in the Employee Handbook or some similar document.
If there is no written policy for reporting sexual harassment, the report should be made to your direct supervisor or a higher-level supervisor if the direct supervisor is the harasser.
Failing to properly report the harassment could severely damage your potential case.
Employers who sexually harass employees, or who allow coworkers, customers, or vendors to do so, may be liable to sexual harassment victims for monetary damages. This means you could receive money for:
- Lost wages suffered as a result of the sexual harassment;
- Lost fringe benefits, such as health insurance or bonuses;
- Mental anguish;
- Medical expenses resulting from the harassment including therapy costs;
- Punitive damages to punish the employer and send a message to other employers; and
- Attorney’s fees.
You might also have your employment reinstated or receive the promotion you were denied.
A Texas Sexual Harassment Attorney
Who Will Fight for You
David Langenfeld is an experienced and aggressive Texas sexual harassment attorney who only represents employees, never employers. He will fight to get you what you are owed from your employer. Contact David today for a free consultation.