Bess Masterson Mattei, Attorney

Sexual harassment, employment discrimination, and retaliation can be a problem in the workplace and may be committed by both men and women. In fact, a recent Supreme Court case held that sexual harassment may occur between individuals of the same sex. Also, some courts recognize sexual harassment based on stereotyping, such as where a man is being harassed by other men for acting too feminine. The sexual harassment attorneys at Kilgore & Kilgore defend employees who have experienced sexual harassment in the workplace. Like employment discrimination or retaliation, sexual harassment is barred by federal law and the laws of most states, including Texas.

Sexual Harassment Policies Set Out Procedures for Employees and Supervisors

If you are the victim of sexual harassment in the workplace, find out whether your employer has a company policy covering harassment, including sexual harassment, and read it carefully. If your employer has such a policy, you should try to follow its procedures.

Types of Sexual Harassment Vary

Sexual harassment often occurs within a hostile working environment when intimidating, offensive, or unwelcome advances from a coworker or supervisor are experienced. Sexual joking, unwanted attention, offensive pictures, or unpleasant behavior, even if not obviously sexual, can also be considered sexual harassment. Such actions may be directed at an employee solely because of his or her sex. Quid pro quo sexual harassment occurs when an employee is required to submit to unwelcome sexual conduct as a condition of his or her job, or in order to gain some job benefit.

Definitions of Illegal Sexual Harassment

In order to be illegal, the sexually harassing behavior must be based on sex, must be unwelcome, and must be offensive to its target. An employee who participates in sexual joking or has a consensual sexual relationship with a supervisor may have a difficult time proving sexual harassment. Even when an employee does not complain, an employer may still be liable for sexual harassment of an employee by a coworker, client, or customer. However, this is true only if the employer knew, or should have known, of the harassment, and failed to stop it. If the harasser harassed others in the past, and those persons complained, our sexual harassment attorneys may be able to show that the employer was on notice that harassment was a problem. If the harasser was a supervisor with the authority to hire and fire, the employee need only show that the harassing behavior has taken place. The employer then has the burden of illustrating that it took appropriate actions to prevent the sexual harassment.

When Retaliation Occurs from Reporting Sexual Harassment, It Too, Can be Prosecuted

It is illegal to retaliate against an employee for bringing a sexual harassment complaint. Other employees who oppose sexual harassment, or participate or testify in investigations of sexual harassment or at trial are also protected from retaliation.

Healing and Moving On from a Sexual Harassment Case

Sexual harassment cases present special considerations for the employee who was harassed. The sexual harassment attorneys at Kilgore & Kilgore are sensitive to the complicated nature of these cases. The lawyers at our firm understand the anxiety, shame, and embarrassment that often accompany these situations. Our philosophy is empowerment through resolution. We serve our clients in a holistic manner, not just from a legal perspective. Our lawyers ensure that our clients have referrals to specialists that may be needed in order to move on from such a difficult situation. Rest assured that the lawyers at our firm will do everything we can to achieve a more complete recovery.

Our Sexual Harassment Clients Tell Us

Click on this link to read some of the many client testimonials that people have sent to thank our sexual harassment attorneys for helping them. Kilgore & Kilgore may be able to do the same for you.

Reach Out to Us

We offer a free review of the facts of your case to help you understand your situation from a legal perspective and whether or how to proceed with an action. To learn more about our sexual harassment law practice or to get started with a free review of your case, click here contact us.