Sexual Harassment

When you go to work, you should be valued for your job performance. Unfortunately, sexual harassment is common in workplaces. It is vastly underreported. If you have been sexually harassed on the job in Texas, you should consult the Dallas sexual harassment lawyers at Rob Wiley P.C. to learn more about your options.

Sexual harassment is a form of sex discrimination that is prohibited in Texas workplaces. Sexual harassment is any unwelcome conduct or speech that is based on sex. It can include unwanted advances, requests for sexual favors, physical touching, groping, graphic memes, inappropriate texts, and other misconduct. It can be perpetrated by people of either sex against workers or job applicants of either sex. It can be perpetrated by coworkers, supervisors, managers, or customers.

Victims of sexual harassment include both men and women. Further, it does not matter whether the harasser is the same- or opposite-sex as the victim. Every year, more and more men come forward with actionable claims of workplace sexual harassment.

Title VII of the Civil Rights Act of 1964 and Chapter 21 of Texas Labor Code protect employees from sexual harassment. The law applies to private employers with 15 or more employees and to all state and local governmental entities no matter how many employees they have.

Sexual harassment law disfavors lawsuits by employees who walk off the job. Quitting in the face of sexual harassment can prevent an employee from later filing a claim and only serves to embolden harassers. A sexual harassment attorney in the Dallas area can help you make a complaint of sexual harassment at work and protect you from retaliation.

Sexual harassment creates a hostile work environment when the harassment unreasonably interferes with your ability to do your job. Examples include inappropriate jokes, touching, or graphic images.

Quid pro quo sexual harassment occurs when your success or failure at work is based on accepting a sexual advance. An example could be an insinuation of a raise or promotion in exchange for going on a date or providing sexual favors. Similarly, threatening an employee if he or she does not acquiesce to sex-based demands is sexual harassment.

Many times, quid pro quo sexual harassment involves more minor aspects of employment such as shift changes, transfers, vacation time, raises, and promotions. It can also include more major aspects such as demotions, suspensions, and terminations. Anytime your job is conditioned on submitting to a sexual advance from an authority figure on the job, this is quid pro quo sexual harassment.

Quid pro quo and hostile work environment sexual harassment are two different types of claims and require proof of different things. A sexual harassment attorney can help you gather evidence for and pursue your claim.

If your employer fails to take prompt, remedial action on a sexual harassment complaint, a Dallas sexual harassment attorney can help you file a complaint with the Equal Employment Opportunity Commission, which administers Title VII, or with the Texas Workforce Commission. We strongly recommend consulting with an employment lawyer before going to the EEOC or the Texas Workforce Commission.

Unfortunately, in some cases after a victim of sexual harassment complains about being sexually harassed they are terminated, put on a less desirable shift, not promoted, or otherwise subjected to an adverse employment action. Retaliation in response to a worker’s engagement in protected activity is illegal. It is illegal for your employer to take any punitive action against you for engaging in the protected activity of complaining in good faith about sexual harassment.

If your employer retaliates against you for making a sexual harassment complaint, a sexual harassment attorney can help you file a complaint with the Equal Employment Opportunity Commission or with the Texas Workforce Commission. Again, we strongly recommend consulting with an employment lawyer before going to the EEOC or the Texas Workforce Commission.

When you go to work, you expect to be valued for your work performance, and not harassed based on your gender. At Rob Wiley P.C., we understand that it is humiliating and degrading to be harassed on the job. It can be extremely stressful to step forward and take action. If you have suffered from sexual harassment on the job in Texas, you should consult our skillful employment attorneys. Call us at (214) 528-6500 or submit our online form.