Houston, TX – There are a number of things that a worker can do to try to protect themselves from harassment and discrimination in the workplace. However, in many cases it is still necessary to get legal assistance and document any inappropriate behavior that occurs. Workers can prepare for legal action or try to end the situation before it escalates by engaging in certain protective actions. If all else fails, the employer will likely need to be sued and reported to the local workforce commission.
Making the employer aware of misconduct
A worker who is being harassed or witnessing sexual harassment can inform their superiors or human resources department. However, there is always some risk inherent in these actions because it is possible that the employer will retaliate with things like demotions or termination. Any kind of retaliation for someone protecting their rights is also illegal and can become a lawsuit.
If there are any emails, text messages, or formal work notices that were sent out which provide clear evidence of harassment or discrimination, these should be saved and kept for later use during legal proceedings if necessary. The worker who is the victim should also check their pay statements versus those from before reporting the illegal conduct. If the employer has started to withhold wages, benefits, overtime, or engage other improper forms of pay due as a form of retaliation, this is a serious matter that should be shared with a lawyer and the local employment commission. Anyone who is experiencing issues with improper payment should immediately notify their payroll department to see if the problem can be corrected without further issue.
Retaining legal counsel and contacting an employment board
If someone has already taken these steps, they will be in a good position to share their story with a local lawyer. All attempts to resolve the situation should be documented, and evidence can be brought to the attorney during the initial consultation. It may also be necessary to contact the Texas Workforce Commission so that the employer can be formally disciplined by the government.
Remedies for misconduct
Any employer may be forced to pay the victim missing wages, damages for emotional and psychological problems, and even punitive damages as a form of punishment. The remedies available may vary based on the specifics of each case, so this should be discussed further with a legal professional.
Attorneys can assist with the process of suing an employer
There are some law firms that help people who are victims of discrimination and harassment in the workplace. Moore and Associates is an experienced firm that has been assisting clients with their employment and labor law cases throughout the state of Texas.
Firm contact info:
440 Louisiana Street, Suite 675, Houston, TX 77002