Although greater attention is paid to employee rights and protections, various forms of employment violations still happen in Texas. One of the more troublesome with a significantly negative impact on a person’s career and life is sexual harassment.
Still, despite laws that are in place and people being encouraged to report when they have been subjected to sexual harassment, there remains a level of confusion as to what does and does not constitute sexual harassment.
For people who believe they have been sexually harassed, it is important to understand how to recognize it, know their options and take the necessary steps to hold the employer and the alleged transgressor accountable. The first step is understanding what the Equal Employment Opportunity Commission (EEOC) and state law says about sexual harassment and other employment violations.
Does the behavior constitute sexual harassment or not?
When on the job, sexual harassment can be committed by an owner, a supervisor, a colleague, and even others who might not work at the location but are there in a business capacity. People need to know the difference between what is and is not sexual harassment.
Sexual harassment can include something as overt as an unwelcome sexual advance or a request for a sexual favor. Perhaps the person committing the alleged sexual harassment told a colleague or underling that they might receive a promotion if they agree to a date or to engage in a sexual relationship. The victim could be threatened with a demotion or that they will lose their job entirely if they do not submit.
The treatment can escalate to retaliation if the object of the harassment refuses to take part. Perhaps they receive different treatment, are given more difficult work, or are not given benefits they are entitled to.
Unwanted touching would count as sexual harassment. If a supervisor persistently bumped into an underling and asserted that it was a mistake or an accident – but it keeps happening – then it might be sexual harassment.
Even comments can constitute sexual harassment. A colleague making sexually explicit jokes might be categorized as a sexual harasser if the person subjected to it is the target of the jokes or simply overhears them.
Other activities might seem inappropriate, but do not meet the threshold for sexual harassment under the law. If a person on the job teases a colleague, it might make the colleague uncomfortable, but it does not necessarily mean it is sexual harassment. Some people who work together have a personal, consensual relationship. If it is consensual and did not commence through pressure, then it would be difficult to prove sexual harassment.
It is wise to have advice when filing a sexual harassment complaint
There are various factors that will be considered when there is a sexual harassment claim in the Lone Star State. Its frequency, severity, how the employer responded when they were informed, and how it damaged the victim on the job are all part of the process.
For some, the behavior becomes so problematic that they are unable to do their job, and they leave of their own accord. This is a mistake as they can pursue an employment law claim and be compensated. When a person believes they are being sexually harassed, they should be fully aware of their rights and options.
