Sexual harassment remains a growing and developing area of employment law. Employment Lawyers are some of the select few who have successfully represented numerous individuals in complex employment law matters such as sexual harassment cases.
Sexual harassment is made illegal by Title VII of the Civil Rights Act of 1964 and in Texas also by the Texas Commission on Human Rights Act. The courts generally recognize two types of sexual harassment: hostile environment sexual harassment and quid pro quo sexual harassment.
Quid pro quo sexual harassment occurs when a supervisor or other employee with control over the terms of your employment demands sexual favors in exchange for employment benefits such as promotions, raises, favorable work schedules or other perks. Quid pro quo sexual harassment may also occur when the supervisor threatens another employee who refuses or fails to provide sexual favors. An employee who gives into the sexual demands of his or her supervisor may still be able to bring a claim for quid pro quo sexual harassment, as long as the sexual advances were unwanted. An employee who provides sexual favors to attempt to save his or her job may still be able to pursue a quid pro quo sexual harassment case.
A sexually hostile environment may exist when the employee’s work environment is made uncomfortable by physical touching of a sexual nature (including attempted rape); written or verbal sexual jokes, comments, slurs and other offensive language. Hostile environment sexual harassment may exist without the presence of quid pro quo sexual harassment, though where quid pro quo harassment does exist, courts will generally also find that there was a hostile environment.
Proving Your Case
Evidence that we use to prove sexual harassment cases includes:
Your own testimony about the harassment that you faced
Recordings of harassing comments. However, be aware that recording a conversation without the permission of all of the participants may be illegal in your state.
Copies of sexually explicit emails, photos, letters, notes, cards or other documents
Photographs of sexually explicit comments or pictures that cannot be moved (such as might be found on furniture or walls)
Statements (written or verbal) from others who have witnessed the harassment or who were also harassed by the same individual or individuals
Testimony from other individuals who have been harassed by the same person who harassed you
Contact Our Sexual Harassment Lawyer
Retaliation against employees who report or complain of sexual harassment is not unusual, but it is unlawful. If you have reported to your employer that you or someone else at work has been sexually harassed, your employer may not retaliate against you for making that report. If you believe you have been retaliated against because you have reported sexual harassment, contact an employment lawyer for a free consultation to discuss your claims.