You may have a sexual harassment or hostile work environment case if you experienced the following in a manner that is severe and pervasive:**
• Unwanted sexual advances;
• Offers of employment benefits in exchange for dating or sexual favors;
• Retaliation or threatened retaliation after declining or refusing sexual advances;
• Visual conduct such as leering, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoons, or posters;
• Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, or suggestive or obscene letters, notes, or invitations;
• Physical conduct such as touching, assault, or impeding and/or blocking movements; and
• Retaliation for reporting harassment or threatening to report harassment.;
FAQ
Q. Do I have to complain about sexual harassment before I quit?
A. While there may be some exceptions, it is often required that you first complain about the sexual harassment and give the employer notice of the sexual harassment and an opportunity to correct it. DO NOT QUIT YOUR JOB BEFORE TALKING TO AN ATTORNEY. IF YOU QUIT YOU MAY HURT YOUR CASE SIGNIFICANTLY;**
Q: Do I always need to file with EEOC or TWC before I can sue for Sexual Harassment?
A: Yes, Sexual Harassment claims require “administrative exhaustion” by first filing a Charge of Discrimination jointly with the EEOC or TWC;**
Q: If I believe I have been sexually harassed, what evidence/documentation will I need?
A: The evidence and/or documentation you will need to prove your case depends on the facts. It is often helpful to have:**
• a timeline of events, including: dates of hire; the dates you were sexually harassed; dates you complained about the sexual harassment; dates of discipline, employment reviews, employment awards, and positive and negative performance feedback; date of termination, etc.;
• Emails, electronic messenger feeds, and texts proving the sexual harassment and your complaints of sexual harassment;
• Recordings of the sexual harassment and complaints. Texas is a one-party state, when not otherwise prohibited, so as long as all parties to the recording are in Texas at the time of the recording, you may secretly record the conversation for potential use as evidence;
• Performance reviews and discipline records;
• Termination/severance paperwork; and
• Other proof of good performance, like sales records, etc., particularly that, as compared to your coworkers, if available.
Important: Sexual harassment claims can have strict and short filing deadlines/statutes of limitations. Do not wait to get legal guidance.
*A Free Confidential Consultation is a short discussion of your legal needs to determine if our firm can be of assistance to you. It does not include free legal advice and nothing discussed during the Free Consultation should be construed as legal advice. Free Consultations are limited to certain practice areas. SENDING A MESSAGE THROUGH THIS WEBSITE, EMAILING OR CALLING AND/OR LEAVING A VOICEMAIL MESSAGE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP. NO SUCH RELATIONSHIP IS ESTABLISHED UNTIL AN AGREEMENT OF SUCH A RELATIONSHIP IS REDUCED TO WRITING AND SIGNED BY JACK QUENTIN NICHOLS. IF NO RESPONSE TO YOUR MESSAGES ARE RECEIVED BY YOU WITHIN 24 HOURS, YOU SHOULD CONSIDER OUR FIRM TO HAVE DECLINED TO REPRESENT YOU, AND YOU SHOULD SEEK THE ASSISTANCE OF ANOTHER ATTORNEY IMMEDIATELY AS THE LAW LIMITS THE TIME IN WHICH YOUR RIGHTS MAY BE ASSERTED.
**THE INFORMATION ON THIS PAGE AND ELSEWHERE ON THIS WEBSITE IS ONLY INTENDED TO PROVIDE A BRIEF OVERVIEW OF SOME OF THE LAWS AFFECTING EMPLOYMENT IN THE STATE OF TEXAS AND SOME OF THE REQUIREMENTS OF THOSE LAWS. THIS BRIEF OVERVIEW DOES NOT CONTAIN A FULL DESCRIPTION OF ALL OF THE LAWS AFFECTING EMPLOYMENT IN THE STATE OF TEXAS, NOR DOES IT CONTAIN ALL OF THE REQUIREMENTS TO PURSUE OR DEFEND ANY PARTICULAR TYPE OF EMPLOYMENT LAW CLAIM. THE LAW REGARDING EACH PARTICULAR EMPLOYMENT LAW CLAIM, AND THE INTERPRETATIONS THEREOF, MAY VARY FROM TIME TO TIME, PLACE TO PLACE, JURISDICTION TO JURISDICTION, AND FROM COURT TO COURT. IN ADDITION, THE APPLICATION OF ANY PARTICULAR EMPLOYMENT LAW WILL DEPEND ON THE FACTUAL CIRCUMSTANCES SURROUNDING EACH CASE. EVERY EMPLOYMENT LAW CASE IS FACTUALLY UNIQUE, AND THE APPLICATION OF EACH EMPLOYMENT LAW WILL VARY. ACCORDINGLY, NOTHING WHICH IS WRITTEN ON THIS PAGE IS INTENDED TO CONSTITUTE LEGAL ADVICE WITH REGARD TO ANY PARTICULAR SITUATION. YOU ARE ADVISED TO CONTACT AN ATTORNEY IMMEDIATELY TO DISCUSS THE APPLICATION OF THE EMPLOYMENT LAWS AFFECTING THE STATE OF TEXAS TO YOUR SITUATION