Sexual harassment is a form of sex discrimination and is prohibited by federal and Texas state law. It is generally defined as unwelcome conduct based on sex (explicit or implicit sexual overtones) which affects the terms, conditions, or privileges of employment. This includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Employees in Dallas, can be harassed by supervisors, coworkers, contractors, or even customers. If you or your organization need legal assistance, it’s crucial to consult with an experienced employment lawyer in Dallas.
Forms of Sexual Harassment
Generally, there are two forms of sexual harassment – quid pro quo harassment and hostile work environment harassment.
Quid pro quo harassment occurs when an employee’s submission to or rejection of a supervisor’s sexual advances or other harassment results in a tangible employment action. A tangible employment action is an employment decision that materially impacts the employee’s employment such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a significant change in benefits.
Examples of quid pro quo harassment include promotions or favorable work assignments in exchange for sexual favors, retaliation for rejection of advances (such as terminations, unfavorable assignments, or withholding job opportunities), and the threat of retaliation. When a supervisor’s harassment results in a tangible employment action, the employer is per se vicariously liable. Navigating these complex situations often requires the assistance of an employment lawyer in Dallas who is familiar with both state and federal laws.
Hostile work environment harassment, on the other hand, occurs when the employee has not suffered a tangible employment action but the harassment by a supervisor or coworker was so severe or pervasive that it affected a term, condition, or privilege of employment. Examples include inappropriate jokes or communications, repeatedly asking someone out on a date, unwanted sexual comments, and unwelcome physical contact.
If a hostile work environment exists, then the employer is liable for the harassment unless it can show that it exercised reasonable care to prevent and correct promptly any such sexual harassment and that the employee unreasonably failed to complain. Consulting with an employment lawyer in Dallas can help clarify legal options and ensure that employee rights are protected in such cases.
Differences Between Federal and Texas Law
While both federal and Texas law prohibit sexual harassment, there are some key differences. One significant difference is employer size. Under federal law, employers with fifteen or more employees are subject to sexual harassment claims. Texas law, by contrast, allows claims against any employer, regardless of size.
Another key difference is supervisor liability. Federal law limits lawsuits for sexual harassment to the employee’s direct employer (typically a company). However, Texas law allows employees to sue both the company and individual supervisors involved in the harassment. An employment lawyer in Dallas is well-versed in navigating these complexities.
Employee Remedies
A prevailing employee asserting either form of sexual harassment may seek several types of remedies, including lost wages and other compensatory damages, emotional distress, injunctive relief, and attorney’s fees. Notably, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act prohibits employers from forcing employees to resolve sexual harassment claims through mandatory arbitration.
Preventing Sexual Harassment
Under both federal and Texas employment law, employers must take reasonable steps to provide a workplace free from sexual harassment. At a minimum, this includes the following:
- Develop a Clear Anti-Harassment Policy: define sexual harassment, outline the complaint procedure, and inform employees of their rights and responsibilities.
- Annual Training: regularly train all employees and supervisors on sexual harassment prevention, including recognizing and responding to harassment.
- Enforce the Policy: take all complaints seriously, investigate promptly, and take appropriate action.
By understanding their rights and taking proactive steps to prevent harassment, both employees and employers in Dallas can create a safe and respectful work environment for everyone.
