Sexual Harassment Attorney Austin and Houston, TX

What Federal Protections Are There to Protect Workers from Sexual Harassment?

According to federal and state law, sexual harassment is a form of sex discrimination, which makes this behavior illegal everywhere in the United States. Although federal laws apply to employers with at least 15 employees, your state may have laws that cover even smaller employers.

So, what specific federal law protects workers from harassment of a sexual nature?

• Title VII of the Civil Rights Act of 1964: Amended in 1991, Title VII introduced a federal sexual harassment law that gives employees the federal right to be free from workplace sexual harassment. Therefore, sexual harassment behaviors were made illegal throughout the nation.

What State Protections Are There to Protect Workers from Sexual Harassment?

The State of Texas also has a specific law that prohibits workplace discrimination based on sex or sexual harassment. The Texas Labor Code Chapter 21 applies to private employers with at least 15 employees, but to all local and state government entities regardless of size. This law was recently amended in September 2021 to give employees the following rights.

• The right to file a sexual harassment lawsuit against coworkers, supervisors, managers, shift leaders, and HR staff if they act “directly in the interests of an employer in relation to an employee.
• The law now applies to workplaces with at least one or more employees.
• Lastly, the amendment expanded the time limit to file a sexual harassment complaint from 180 days to 300 days.

Employers are also required by this law to take an “immediate and corrective action” if they knew or should have known about the harassment. If your employer failed to do so, you have the right to work with an Austin sexual harassment lawyer to file a claim.

How Do I Know if I Experienced Sexual Harassment?

Many people don’t realize the full scope of behaviors that can be considered offensive conduct or sexual harassment. Although it can include physical touching and quid pro quo offers, other forms of harassment are much harder to identify. Below, we list some of the telltale signs you may be experiencing harassment.

• Fear or discomfort
• Unwanted touching
• Jokes or verbalizations about sexual topics
• Conversations about inappropriate or sexual content
• Coercion
• Sexual gestures
• Repeatedly asking for dates or favors
• Making sexual gestures toward another person
• Degrading or humiliating insults
• Displaying or showing pornographic material to others

What to Do When You Face Workplace Sexual Harassment

We understand that dealing with, let alone reporting, a sexual harassment matter can feel scary and uncomfortable. However, if or when you decide that enough is enough, you have the right to file a complaint and pursue a claim. Working with experienced sexual harassment attorneys is one way to find the best path to take after the harassing behavior occurs. At Leichter Law, we generally recommend taking the following steps.

• Document the harassment. If you keep a log of the incidents as they occur, companies will give more weight to your complaints, as you’re able to provide specific times and dates. Even seemingly small behaviors should be noted, as this can help you establish a pattern of behaviors.
• If you feel safe enough to do so, let the person know that their conduct is unwelcome, inappropriate, and uncomfortable. When you take the complaint to your employer, it helps if you’ve already established that the conduct was unwelcome.
• Contact an employment attorney with extensive knowledge of sexual harassment laws. While you can handle these cases on your own, they often become complicated due to their sensitive nature. Working with an attorney can help you feel more confident about your choices.

Who Is Liable for Sexual Harassment in the Workplace?

Employers are generally liable for harassment unless they can prove that they tried to correct and prevent the harassment, and that the employee involved did not take advantage of these corrective measures. However, if the employer knew about the harassment or should have known about it, they can be held liable if they do not take action.

Other employees may also be held liable if they aided in the continuation of such harassment. Examples of other potentially liable parties include supervisors, HR staff, managers, and others.

Do I Need a Sexual Harassment Lawyer in Texas?

If you have been sexually harassed, you probably have a lot of questions about what you should do. You are probably considering filing a report with a supervisor, but you may have concerns about a number of possible outcomes of filing a report, such as possible retaliation or a lack of response.

You may suspect that the person who harassed you will likely deny your accusation and you will be trapped in a “He-said/She-said” situation in which a third party has two different versions of events. Such a scenario does not inspire much confidence.

When you contact an attorney, they will be able to conduct an independent investigation of your incident to collect evidence to support your claims. Your lawyer can also take steps to help prevent any possible retaliation for reporting your incident and take necessary steps if an employer does retaliate.

In cases involving victims who left their positions after sexual harassment, they could be entitled to compensation associated with the costs relating to their job loss. An attorney will be able to determine the amount that you are owed and then fight to help you recover everything you are entitled to.

Why Choose Leichter Law to Handle My Case?

The Texas discrimination attorneys at Leichter Law Firm have helped clients obtain favorable settlements in sexual harassment cases. In one case, our firm was able to help a woman employed by an airline parts manufacturer who was terminated after refusing to work in an area with a co-worker who sexually harassed her by settling for a confidential amount.

Founder Louis Leichter received an AV Preeminent rating from Martindale-Hubbell in 2018, a peer rating denoting the highest level of professional excellence. David Langenfeld is Board Certified as a Specialist in Labor and Employment Law, which means he’s a legal expert in all areas related to employment law, including harassment.

Leichter Law Firm PC has office locations in Austin, Houston, and McAllen. Our lawyers are admitted to state and federal courts in Texas. Texas state law prohibits sexual harassment, and our team is here to help you fight for your legal rights.

Types of Sexual Harassment Cases We Handle

The United States Equal Employment Opportunity Commission (EEOC) guidelines established in Title 29 Code of Federal Regulations § 1604.11 state that sexual harassment involves requests for sexual favors, unwelcome sexual advances, and other verbal or physical conduct of a sexual nature when:

• The conduct explicitly or implicitly affects an individual’s employment.
• The individual’s response to the conduct is used as the basis for employment decisions.
• It creates an intimidating, hostile, or offensive working environment.

The first two types of sexual harassment largely demonstrate what the EEOC refers to as quid pro quo sexual harassment, and the hostile work environment is typically the other major type of sexual harassment claim the EEOC handles.

The EEOC notes that harassment can include offensive remarks about a person’s sex. It is entirely possible for a person of one gender to be harassed by a person of the same gender.

How to File a Sexual Harassment Claim in Texas

A victim of sexual harassment in the workplace should review their company’s policy for handling these types of issues. Most businesses ask that such complaints be filed with a company’s human resources department, but supervisors could also be the parties that complaints are filed with.

Victims and offenders may be invited to mediation when a signed charge is received by the TWC or EEOC. If either party declines mediation, the TWC or EEOC will conduct an investigation.

When an investigation finds evidence of sexual harassment, the TWC or EEOC may try to settle the case through an agreement that may provide monetary relief or force an employer to change certain policies. The TWC can also file a civil suit against an employer when a conciliation agreement is not successful.

Filing a lawsuit related to sexual harassment can be tricky. Some victims may be prohibited from speaking about their cases because of confidentiality agreements they signed. Action in state or federal court will require a victim to obtain a Notice of Right to Sue from the EEOC showing the agency investigated the case.

The EEOC will give you a Notice of Right to Sue when it closes its investigation. You can request a Notice of Right to Sue from the EEOC office investigating your charge if you want to file a lawsuit before the investigation is completed, but you only have 90 days to file the lawsuit once you receive the Notice of Right to Sue.

What Compensation Can I Expect in a Sexual Harassment Claim?

As a victim of sexual harassment, you have the right to a workplace free of fear and discomfort. You also have the right to obtain a fair settlement for any damages you suffered because of the incident. Every legal case is different, so your attorney will help you estimate the value of your claim. The potential damages you can collect include the following.

• Lost wages, including both back pay and front pay
• Medical bills
• Mental anguish
• Pain and suffering
• Emotional distress

You can also pursue punitive damages against an employer who knows about the situation, but chooses to do nothing to stop it. Federal law caps the compensation amount for certain types of damages in sexual harassment cases at $300,000, but this cap differs depending on the size of the company.

• 15-100 employees: $50,000
• 101-200 employees: $100,000
• 201-500 employees: $200,000
• Over 500 employees: $300,000

Sexual Harassment Claim FAQs