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Home : Practice Areas : Sexual Harassment and Employment/Employee Discrimination
Sexual Harassment and Employment/Employee Discrimination
| “Litigation is the pursuit of practical ends, not a game of chess.” Supreme Court Justice Felix Frankfurter Indianapolis v. Chase Nation Bank A Hostile Work Environment You work hard for a living. You have family, debt, responsibilities and dreams of advancement, wealth and success. To find security and to live your dreams, you know how important it is to get and keep a good job. Your dreams fade in an instant, though, when you are confronted with a flirtatious, forward or obscene boss. Sexual harassment generally presents you with the difficult decision of whether to let it continue so you can keep your job or to try to make it stop so you can do your job and be judged solely on your work performance. You fear that if you resist, your boss will sabotage your employment and if you report him or her, you risk losing your job out of retaliation. The situation underlying this precarious position has been contentiously litigated and addressed by federal and state law for many years. You ARE protected. You do not have to allow this to go on in order to save your job. What Is Workplace Harassment? Sexual harassment is discrimination that violates Title VII of the Civil Rights Act of 1964, Title IX of the Civil Rights Act of 1972, and the Texas Commission on Human Rights Act, Article 5221k, Vernon's Texas Civil Statutes. It is illegal and actionable under civil and criminal law. Basically, sexual harassment is illegal (1) if you have to accept the behavior so you can keep your job, (2) if you have to accept the behavior in order to receive better pay, advancement, vacation, or scheduling, etc. (Quid Pro Quo harassment), or (3) if the behavior creates a hostile or offensive work environment that interferes with your ability to do your job. Discrimination in the workplace is not limited to sexual harassment, though. According to the U.S. Equal Employment Opportunity Commission (“EEOC”), harassment is discriminatory when it is focused on race, color, sex (with or without sexual conduct), religion, national origin, age, disability, or because the employee opposed job discrimination or participated in an investigation or complaint proceeding under the EEO statutes.1 Discrimination Liability The cause of action is generally against the employer of the harassing supervisor. According to the EEOC2: An employer is always responsible for harassment by a supervisor that culminated in a tangible employment action. If the harassment did not lead to a tangible employment action, the employer is liable unless it proves that: 1) it exercised reasonable care to prevent and promptly correct any harassment; and 2) the employee unreasonably failed to complain to management or to avoid harm otherwise. A "tangible employment action" means a significant change in employment status. Examples include hiring, firing, promotion, demotion, undesirable reassignment, a decision causing a significant change in benefits, compensation decisions, and work assignment. Money Damages and Statute of Limitations Title VII allows for recovery of damages, which may contain lost wages or other job-related losses, physical, mental, emotional pain and suffering, punitive damages and attorney’s fees and costs. The statute of limitations is relatively short for discrimination claims. In order to file a lawsuit, one must first file an administrative complaint with the EEOC within 300 days of the harassment incident. If you or your loved one is the victim of harassment, it is highly advisable to seek competent legal advice about how to best handle the situation. Finding the right lawyer is the key to your being able to protect your interests and your financial future. Why Pinkerton Chad Pinkerton is a powerhouse in and out of the courtroom. His track record of fighting aggressively and successfully for his clients’ legal rights reflects millions of dollars* in recovered damages. Chad’s background in medicine and experience in the courtroom forge a strong presence whether he is on the phone with the insurance agents, wrangling with opposing counsel, or cross-examining experts at trial. Pinkerton’s focus is to make the jury care about his client’s loss and feel empowered to do something about it. 1 http://www.eeoc.gov/policy/docs/harassment-facts.html 2 Id. |
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If you have questions regarding personal injury or wrongful death law, contact us. Our personal injury lawyers offer initial consultations, are available for evening and weekend appointments. Pinkerton’s wrongful death attorneys can handle Spanish speaking clients. Pinkerton Law Firm PLLC offices are conveniently located near Baybrook Mall.
To contact us toll free, call (866) 764-0412 or (281) 332-2002.
*Including attorney's fees.
If you have questions regarding personal injury or wrongful death law, contact us. Our personal injury lawyers offer initial consultations, are available for evening and weekend appointments. Pinkerton’s wrongful death attorneys can handle Spanish speaking clients. Pinkerton Law Firm PLLC offices are conveniently located near Baybrook Mall.
To contact us toll free, call (866) 764-0412 or (281) 332-2002.
*Including attorney's fees.
711 W Bay Area Blvd Ste 410 . Webster, TX 77598-4000 . Toll Free: (866) 764-0412 . Local:(281) 332-2002 . Fax: (281) 332-1008
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