Spring, TX – Sexual harassment is still a serious problem in workplaces in Texas and other parts of the country despite laws that prohibit this kind of behavior. Victims are able to receive help, but it is important for them to learn how these kinds of lawsuits work, along with factors that may determine their chances of success and amount of compensation. In most cases, it is beneficial to retain a lawyer to help with this process, as there can be complexities in state and federal law, along with investigations related to claims.
How does someone know if they have been harassed?
There can be some difficulty in determining exactly what kinds of behavior will meet the legal definition of sexual harassment. This is because the specific facts that give rise to the lawsuit are very important. The behavior needs to be either pervasive or severe to meet the standard necessary for the victim to collect compensation. In practice, this tends to mean that serious accusations such as a supervisor asking for sexual favors in exchange for continued employment is illegal and would likely result in a judgment for the victim. However, some inappropriate verbal comments may not be serious enough for a lawsuit unless they are so pervasive that they affect the victim’s ability to function at work.
How is a lawsuit brought?
The victim should first tell the person responsible for the harassment to stop and let them know that their conduct is unwelcome. The victim can also notify their employer to see if they will take appropriate action. It is generally required for the victim to exhaust all administrative remedies provided by their employer before they can take more serious legal action. The victim can also retain a lawyer at any point to assist with any of these steps and file the lawsuit when necessary.
What determines whether the victim will be successful?
It is helpful for the victim to document any incidents of harassment to have evidence available for a lawsuit. This can include communications such as emails or notices given to employees, along with the specifics of any time and place where the harassment happened. An attorney can utilize these kinds of evidence to help negotiate a settlement or present at trial, especially if the alleged conduct is very serious or a severe deviation from workplace norms. However, it is much more likely that the case will end with a settlement than a full trial.
Assistance with sexual harassment issues and other employment law matters
Moore and Associates is a labor law firm that handles cases for local clients in Spring and other parts of Texas. Their attorneys are available to provide advice during an initial consultation.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002