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At Galo Law Firm, we firmly believe that everyone deserves to conduct their employment in a safe, protected environment. Everyone has the right to do the role they are paid for without worrying about any kind of distraction or harassing conduct.
Workplace sexual harassment can be particularly stressful and disconcerting. It can be a hallmark of a hostile work environment and is more commonplace than some might expect. Furthermore, many people are hesitant to report offenses of a sexual nature, especially when they are carried out by someone in a position of authority.
It is easy to mentally qualify sex discrimination and other offenses as part of the job that must be internalized. You might also worry about adverse employment actions. However, that is not the case. It is vital to report sexual harassment to ensure that the practice stops – not only for yourself but for other employees and anyone else that might be suffering in silence.
The first step is to seek legal advice, but you may be wondering ‘when do I hire a sexual harassment attorney if I’ve been sexually harassed at work?’
The short answer is that you should do so as soon as possible. The quicker you get a sexual harassment attorney involved, the sooner they can get to work on gathering evidence, launching a legal complaint, and ensuring that you no longer have to endure something you are protected against under federal law.
When experiencing a hostile work environment, harassment is often near the top of the list of complaints. There are many reasons why someone may choose not to file a complaint or report the harassment, but our lawyers are devoted to ensuring that nobody needs to suffer emotional distress just for doing their job.
At Galo Law Firm, we also understand and appreciate the sensitive nature of anything considered sexual harassment. We promote a sensitive, personal and confidential approach to these cases, ensuring that our clients fully understand that someone is working hard to achieve justice on their behalf.
As noted, the sooner you speak to us, the quicker we can rectify the situation. If you struggle with reporting sexual harassment in the workplace or have any other concerns that you believe can benefit from expert legal advice, call an employment lawyer from our firm today for an initial consultation at 210-361-8043.
An employee’s rights concerning sexual harassment are enshrined in law by Title VII of the Civil Rights Act of 1964. In a legal context, there are two specific types of sexual harassment.
If sexual conduct results in an offensive work environment and affects your job performance, then it is legally defined as a hostile work environment. Many cases result in complainants experiencing discomfort, intimidation, or direct hostility at work.
This type of workplace sexual harassment typically stems from ongoing behaviors by one or more individuals rather than an isolated incident.
Quid pro quo harassment is a form of sexual discrimination when an employee is denied opportunities at their workplace due to their unwillingness to provide sexual favors in return.
Quid pro quo means a favor granted in return for something, and while there is a place for this in the workplace, that is certainly not the case when a sexual element is involved.
If you have been denied a promotion or benefit in the workplace due to your refusal to provide a co-worker with any kind of sexual act in return, quid quo pro harassment occurred in your workplace according to Title VII of the Civil Rights Act.
While federal law accounts for workplace sexual harassment through a specific Act, the two examples outlined above are by no means the only justification for a sexual harassment lawsuit.
One of the biggest reasons behind opting against filing a discrimination complaint due to illegal harassment is that some people are unsure whether any harassment occurred. We encourage people to understand that they can seek legal recourse for a broad range of offenses, some of which are more overtly illegal than others.
We have extensive experience in hundreds of workplace sexual harassment cases. While every case is unique, and our employment attorneys treat them as such, many sexual harassment cases fall into the following categories.
Workplace sexual harassment does not need to involve direct physical conduct, but sexual assault is one of the clearest signs of a legal issue at your place of employment.
Sexual violence is potentially one of the most difficult forms of harassment to report and not something that many victims wish to discuss with their human resources department. If the person responsible is also in a position of power over the victim, there is always a chance that the individual involved prefers to focus on keeping their job than pursuing justice.
Various actions can constitute sexual assault. Grabbing, groping and touching can provide just cause for legal action, as can intentionally but subtly touching or brushing up against someone.
It is vital to remember that an HR department typically looks to make life easier for the employer rather than the employee, and an internal complaint may not always lead to a desirable outcome. Even if you choose to report sexual assault internally, it is always wise to consult a sexual harassment attorney as soon as possible to receive unbiased advice about your legal rights, given with your best interests in mind.
Workplace sexual harassment can also be verbal, especially when the individual concerned is the target of sexual comments. What some may consider humorous, others may find detrimental to their work performance and challenging in the context of their continued employment.
Do remember that co-workers making lewd comments can constitute sexual harassment, even if the complainant is not the direct target of those comments when the harassment occurs. Comments about someone’s sexual orientation or gender can qualify as harassing conduct, even if they are not present at the time.
A hostile work environment can stem from any number of actions, even when directed at nobody in particular. Sending sexually explicit imagery via email or buying suggestive gifts such as underwear for colleagues can be considered sexual harassment and give rise to a legal claim.
While this list is by no means exhaustive, workplace sexual harassment can typically be defined as anything that:
It is vital to remember that workplace sexual harassment can happen to anyone, and someone’s gender identity is no barrier against unwelcome sexual advances. Anyone can unwittingly become a victim no matter how they identify, and they have the same right to file a claim in order to hopefully make the harassment stop.
The same also applies regardless of sexual orientation. Both the harasser and the victim can potentially be of the same sex, and the gender and orientation of co-workers have no bearing on whether something qualifies as workplace sexual harassment.
Any overtly suggestive comment, even when not directed at a specific individual, can still cause a hostile work environment and impact work performance for any reasonable person.
Employees are further protected against unwanted sexual advances and anyone that wishes to sexually harass them by a federal government agency known as the Equal Employment Opportunity Commission.
No government agency decides exactly how an individual responds when sexual harassment occurs, whether they report harassment and whether they decide to file a claim. However, they do provide legal guidance on what is acceptable in the workplace over and above what is contained within the employee handbook.
Beyond what has been discussed already, EEOC guidance includes several considerations for anyone that plans to file a complaint or report harassment.
One of the key difficulties for anyone considering reporting sexual harassment in the workplace is that it can be difficult to determine whether an offense has taken place. As noted, the law covers numerous possibilities in terms of what may qualify. However, it is also important to understand what is not considered sexual harassment.
Specifically, the law does not take into account minor, isolated incidents or off-hand comments. As noted previously, most sexual harassment cases are based on prolonged, targeted periods of sex discrimination or other offenses. Effectively, the harasser’s behavior must often have a lasting impact on the work environment as opposed to a standalone incident that may cause offense.
With that said, even single incidents can be serious enough to qualify as sexual harassment. If, for example, an isolated act results in an employee being terminated due to their refusal to provide sexual favors to a superior or employers retaliate in other ways, the employee in question has the right to sue.
A typical employee handbook does not go into detail on cases of sexual harassment at work, often because most employers prefer to ignore the possibility of it happening on their premises. In an ideal world, that would be the case, but the EEOC seeks to provide a legal framework that ensures that victims have a right to legal recourse.
When most people think of workplace sexual harassment, they consider colleagues and superiors. However, an employee can experience sexual harassment caused by anyone that they interact with through the nature of their work.
This means that if you are sexually harassed while on the clock by someone that is not an employee, such as a client, customer, or contractor, you should still report the harassment and consider speaking to an employment lawyer.
There is not necessarily an approach to dealing with sexual harassment at work that will suit everyone. For example, one person may have more confidence in their employer to deal with the harasser than another.
Do remember that it is never too early to seek legal advice from the best law firm for your needs. Here in Texas, we firmly believe that this is Galo Law Firm.
Even if you do not pursue a claim all the way through the court system, a skilled lawyer can support and guide you to ensure that your case and your direct actions will always stand up to any form of legal scrutiny.
With legal counsel in place, you can begin to asses your next steps, and you have several options.
In relatively minor cases that do not involve sexual violence, the harasser may be unaware that their behavior is unacceptable. It is vital to consider whether confronting them may lead to their actions worsening. However, if you believe that you may achieve something simply by talking to the harasser about how their actions make you feel, you may be able to make a positive change to the working environment for you and your co-workers.
As noted, not all employers are open to the possibility of sexual harassment in their workplace. However, an increasing number are aware of the possibility and have policies in place to address it when it happens.
Not all policies are created equally, and regardless of what the employer suggests, if you decide to follow the process, you should endeavor to:
It is good practice to give your employer an opportunity to resolve the situation before commencing legal proceedings.
Naturally, you should address your complaint to someone in the organization that has the capacity to take corrective action. Ideally, they will also be relatively neutral, without any kind of pre-existing relationship with either the harasser or the victim.
You should also be prepared to cooperate with any investigation that takes place at your organization as a result of your complaint. Also, understand that it may be bigger than you had initially anticipated – your grievance may be one of many against a specific individual, or your actions may become the catalyst for a broader culture shift at your place of employment.
Ultimately, it is often best to focus on the creation of preventive or corrective opportunities in the workplace rather than focusing on punitive damages and the right to sue for harassment in the workplace, especially if you believe that a solution can be reached without the need for any legal headaches.
While it is potentially easier said than done, it is often advisable for employees to continue business as usual as best as they possibly can. When making a claim against an employer in a legal sense, it can be valuable to determine that any consequences related to your employment can be traced back directly to sexual harassment allegations.
If an employee gets into a pattern of lateness, absence, or other poor performance, it can potentially complicate a legal case and may provide an opportunity for plausible deniability on the part of the defendant.
Once you decide to take legal action against someone guilty of sexual harassment, you will work with a sexual harassment attorney to ensure you have the makings of a winning case that will stand up to legal scrutiny in court.
If you have followed the policies and procedures of your place of work or determined in conjunction with your sexual harassment lawyer that the harassment you have experienced cannot be handled internally, there may be cause to take legal action.
Your sexual harassment attorney will work with you to ensure that you have followed all due procedures and gathered enough evidence to prove harassment in a court of law. Remember, every case is different, but experience and legal expertise can prove invaluable in achieving the desired outcome.
As with any legal case, your employer and the harasser retain the right to defend themselves against any legal challenge you bring. Again, experience in overcoming the most common legal defenses can be invaluable. They include:
Your sexual harassment lawyer will also discuss additional claims against your employer beyond anything directly associated with your sexual harassment claim. There may be an opportunity to challenge your employer on the basis of breach of contract, discrimination, or retaliation.
These factors may be considered part of the primary harassment case but can lead to additional penalties for the employer.
A well-planned case built in conjunction with a skilled employment attorney is designed to achieve certain outcomes. First and foremost, most people want any harassment they suffer in the workplace to end. However, they may also be entitled to damages.
Your sexual harassment lawyer will provide specific insight into what to expect, but the outcomes of many successful harassment cases include:
It is never too soon to speak to an attorney about your workplace concerns. Even if you plan to follow the processes and procedures outlined in your employee handbook or attempt to handle your concerns internally, there is never any harm in deciding to consult an experienced legal professional.
At Galo Law Firm, we will help you to understand your options and assist in the gathering of evidence, ensuring you can confidently commence legal action as and when required.
We understand that these cases are often incredibly sensitive and require the utmost confidentiality. That’s why we always put your best interests first. While we will advise on what we believe to be the best course of action, we will always ensure that your personal needs remain our top priority.
Ultimately, we are staunch in our conviction that sexual harassment has no place at work, and we will do all it takes to ensure you receive justice.
Our sexual harassment lawyers are standing by now to understand the nature of your case and to discuss your options. Call our Austin office today at 210-361-8043 to find out more about how we can help.
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