Longview, TX – The most common way that sexual harassment happens is when a worker is told that they need to perform various sexual acts. This is often done as a condition of continued employment, or to receive certain benefits. The employee can take various actions to protect their rights, including reporting the person and talking with a lawyer.
Quid pro quo harassment
The situation where a boss or supervisor abuses their authority through sexually harassing their subordinates is called quid pro quo harassment. It is possible that the supervisor threatens the employee with the loss of their job if they do not comply, however this is not always the case and it is not necessary to bring a claim.
Internal remedies from the employer
Most employers who are proactive about policing workplaces for sexual harassment should take action after the victim formally complains. They may conduct their own investigation and discipline the person responsible if necessary. However, this does not always happen and sometimes the employer receives the complaint and takes little or no action.
Reporting the conduct to the appropriate labor board
Depending on whether the worker is employed by the local government, a state or federal agency, or a private sector company, they need to report the incident to the appropriate labor board if the employer does nothing. The labor board will likely conduct their own independent investigation. They have the authority to issue various fines and sanctions against the employer as well if necessary.
At the conclusion of the investigation, they can issue a right to sue letter. This means that the victim can take this document to an attorney in the private sector and take formal legal action.
Lawsuits against the employer
Although an attorney can be contacted at any time during this process for help and advice, they need to wait until the other remedies have been exhausted and the right to sue letter has been issued to actually bring a lawsuit against the employer. If the victim is successful, the employer may have to pay various forms of damages. These can include lost income and wages, expenses to find another job, costs of treatment and counseling, and other losses caused by the employer’s behavior.
Victims should also be aware that damage caps in harassment lawsuits vary with the size of the employer. This means that large employers will potentially have to pay out more damages than smaller ones.
Help from an employment attorney
There are lawyers who help people in Longview and nearby parts of Texas with their workplace problems. Moore and Associates is a labor law firm that focuses on unpaid wages, minimum wage violations, sexual harassment, and discrimination cases.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002