There is absolutely no reason why an employee should withstand sexual harassment at work. Under both Texas state laws and federal laws, sexual harassment is unlawful and should be reported immediately. Unfortunately, employees often have their reservations about filing complaints or pursuing cases against employers. What should you about sexual harassment at work? When is it time to contact a San Antonio employment discrimination lawyer? Below are some of things worth knowing.
Take the initial steps
If you file a sexual harassment complaint, you have to prove the case, for which evidence will matter. As such, a one-off incident of someone passing a lewd comment may not be enough for filing a sexual harassment case. This is not to pull down such kind of harassment, but the laws work in a particular way. Steps to take –
- Let the person know that their behavior is not welcome.
- If the harassment continues, report to your supervisor or HR department.
- If the company fails to take action, talk to a lawyer about filing a sexual harassment lawsuit.
There are two kinds of sexual harassment cases – hostile work environment and quid pro quo. In case of hostile work environment, the harasser creates an environment, where it’s impossible for the employee to work. Constant unwelcome sexual conduct is a good example of such harassment. Quid pro quo sexual harassment typically comes from a person in position of authority. For instance, your supervisor may promise a promotion in exchange of sexual favors. In such circumstances, you may find it hard to ignore their actions.
Meeting a sexual harassment lawyer
Lawyers specializing in employment laws can take up sexual harassment cases. Most attorneys in Texas will offer free initial consultation for such lawsuits, and you can expect the matter to remain confidential. If you haven’t reported the case, your attorney will typically ask to do that, and when your employer fails to take action, they will consider how to deal with the lawsuit. For employment law matters, you are required to first file a complaint with EEOC, but there are exceptions. Filing a lawsuit against the concerned harasser or employer requires considerable work, and without an attorney, you can make mistakes that can impact the eventual outcome.
For sexual harassment cases, lawyers don’t merely seek compensatory damages, but also punitive damages. They can ensure that you recover all the losses you have suffered, including lost wages and benefits.
