New York Sexual Harassment Lawyer
Dallas Employment Discrimination Attorney
Compensation for Employee Rights' Violations
Although employees have limited rights in New York, their employers can be held liable for termination, retaliation or harassment in violation of state
Our employment discrimination attorneys and sexual harassment lawyers represent clients in Dallas-Fort Worth and Houston in cases involving civil rights or employment law abuses. Contact Kilgore + Kilgore today for a confidential discussion of your case.
"Thank you for taking my case and believing in me. A great deal of my recovery from everything that happened is a direct result of being given the opportunity to fight the good fight. Thank you for the friendship, strength and incredible legal representation."
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Our lawyers know that most victims of sexual harassment do not report the abuse for fear of losing their job, being ostracized, or guilt about getting a boss or co-worker in trouble.
Sexual harassment takes many forms, from actual physical contact to actions that create a hostile working environment:
- Sexual assault or sexual touching.
- Demand for "favors" under threat of your job.
- Unwelcome advances.
- Comments about your body or clothes.
- Exposure to sexual language, jokes, or images.
- Derogatory treatment based on your gender.
- Retaliation for reporting harassment.
You can make the harassment stop, and you may be able to collect compensation for the emotional and economic toll. You are protected under Title VII of the Civil Rights Act of 1964, and by the capable and compassionate employment law attorneys of Kilgore + Kilgore. We will explain your rights and advise you on the steps you should take. (Ask for our free handout on the sexual harassment litigation process.)
To collect damages, plaintiffs must show that they were harmed by the behavior and that the attention was unwanted. It is critical to document the incident or pattern of abuse — describe the harassment in writing, preserve evidence in e-mails or voicemails, identify any witnesses.
You must also show that the company had reason to know about the harassment and failed to take action. Company policy may require you to submit a written complaint within so many days, and/or to report the abuse to a supervisor.
If Kilgore + Kilgore prevails in your sexual harassment lawsuit, you can collect damages for economic damages (loss of your job, counseling), and emotional distress, as well as attorneys' fees. Punitive damages may be awarded against the company in egregious cases, but they are capped in Texas and New York.
In Texas, employment is "at will" — you can be fired at any time for no reason at all. However, you are protected from termination or discrimination in hiring, promotion, discipline, or job assignments based on:
- Your race, color, national origin, religion or gender (Civil Rights Act of 1964)
- Your age (Age Discrimination Act)
- Paid or unpaid pregnancy leave or family leave to care for a spouse or child (Family Medical Leave Act)
- A disability, including the employer's unwillingness to make accommodations (Americans with Disabilities Act)
We pursue a variety of legal remedies, according to our clients' goals:
- Reinstatement, promotion or reassignment
- Monetary damages for economic losses and emotional distress
- Punitive damages
Defamation claims can arise in a variety of employment contexts, including reviews, intra-corporate communications, investigations of employee conduct, discipline, termination meetings, and post-employment references. To establish a claim for defamation in Texas and New York, an employee must show (a) an employer made a false statement about him or her that was published, (b) that it caused the plaintiff harm, and (c) that the employer made the statements with malice. The most common defamation claims involve allegations of illegal drug use, dishonesty, fraud, or sexual harassment.
Reported Employee Rights Cases
- Camp v. The Progressive Corp., 2004 WL 2149079 (E.D.La 2004)(overtime)
- Giles v. General Electric Co., 245 F.3d 474 (5th Cir. 2001)(Americans with Disabilities Act)
- Ariba v. Malone, 99 Fed.Appx. 545, 2004 WL 1194675 (5th Cir.2004)(breach of employment contract)
Kilgore has represented employees of the following companies and governmental entities: General Electric, Honeywell, TXU Corporation, US Department of Homeland Security, US Department of Immigration, Bank of America, SBC, McDonald’s, Silverleaf Resorts, Genzyne Genetics, Staubach Company, Bell Helicopter, Delta Airlines, Kimberly Clark, Merrill Lynch, Showtime, Sprint, Segue Software, Thermadyne, Goodyear, Virgin Entertainment, Hyatt, First Horizon, Glaxo Smith, Southwestern Bell, Datatrac, Dr. Pepper, AirBand Communications, Pilgrim's Pride, KONE, Inc., Honda, T. Mobile.
Contact Kilgore + Kilgore today to discuss your possible claim against your employer with one of our Texas sexual harassment and job discrimination attorneys. We are here to help you through the entire process.