Midland, TX – When someone is a victim of gender based or sexual harassment, there are a number of avenues they can take to try to receive assistance and compensation for their losses. Ideally, the inappropriate behavior should stop and the victim should be able to work as normal, however there are some situations where a worker has to pursue a lawsuit or take other measures if the employer does not take steps to fix the situation on their own.  

Three places victims can report their concerns

Usually, an employee who is affected can try to first report the illegal conduct to their superiors or a human resources department. In some instances, the company may be able to resolve the situation without further issue and take certain measures to protect the victim. However, some companies also try to take steps to cover up the illegal actions of certain employees or retaliate against the worker reporting the harassment. In these cases, legal assistance is necessary. 

The Equal Employment Opportunity Commission, or EEOC, has a process to investigate claims of harassment and perform certain actions based on their findings. Anyone who is inexperienced in this process can get legal assistance to help with the process of filing a formal complaint and pursuing the investigation.  

Law firms also provide important services for people who have issues in the workplace. Some lawyers and firms also focus exclusively on various labor and employment problems and the legal issues that arise for affected workers. The victim’s attorney will attempt to bring a civil case that provides financial compensation for things like lost wages and pay, or even therapy and psychological counseling if the harassment was severe and affected the victim’s mental health. 

How does the victim prevail in their lawsuit? 

Most sexual harassment claims will need to show some kind of serious or pervasive misconduct to have a chance to succeed. One isolated incident usually may not be enough to bring a successful lawsuit, unless there was egregious behavior involved. 

The first element is to show that the conduct was sexual in nature, which is usually because of the victim’s gender. However, any gender can be a victim of sexual harassment, and the perpetrator can be the same gender or a different gender from the victim. 

Most cases will also need to show some kind of consistent and pervasive behavior that is unwelcome and affects the victim’s ability to work. Less serious forms of misconduct may be dealt with internally, as these are less likely to end up in labor lawsuits

If all of the elements of the claim are shown, the victim can win damages. 

Getting assistance after an incident of harassment

Anyone who believes that they have been harassed at work has the option of speaking with an attorney to get more information. Moore and Associates serves local clients in Midland and surrounding parts of Texas. 

Firm contact info:

Moore & Associates 

440 Louisiana Street, Suite 675, Houston, TX 77002 

713-222-6775 

www.mooreandassociates.net

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