Sexual harassment in the workplace may be the worst form of harassment while on the job. It is demeaning and humiliating for the employee. However, it is not always easy to prove.
There may be witnesses to the harassment, but often there are no witnesses to what was said or done. At times, there may be a witness, but the witness is afraid to testify. Bottom line, it may come down to a he-said, she-said case.
The best thing that an employee who is being sexually harassed can do is to become their own witness. Keep records of everything that is said and done. Be specific. Be sure to note the dates and times. You can never tell what facts will be crucial at a later time.
Find out what the company’s policy is on sexual harassment. It should be spelled out in the employee handbook (and every employee should have received one). There should be a designated contact. Make sure that everything that the employee is required to do, has been done. Be sure to have complete records of all attempts made to resolve the situation with the company.
Sexual harassment claims fall into two general areas:
- ‘Quid pro quo harassment’ means that the employee must submit to some form of sexual behavior in order to retain their job. This normally means being forced to have some type of ‘dating’ relationship with the boss, but there have been cases where the employee was required to have a relationship with a customer or some other person.
- ‘Hostile work environment harassment’ means having to endure crude or insulting language or behavior based upon age, gender or some other protected status.
Harassers are generally bullies who count upon their victims being too afraid to stand up for themselves. It takes courage to take action to protect one’s rights. There are laws in place to protect victims of workplace harassment, but first the victimized employee must take action.
The Law Offices of Filteau & Sullivan of Houston, TX focuses on labor and employment cases. For over 30 years, this Workplace Harassment Lawyer has been defending the rights of those who have suffered from unlawful workplace harassment, including sexual harassment cases. Anyone who has been unlawfully victimized in the workplace needs experienced representation. Schedule a free initial consultation with this experienced Workplace Harassment Lawyer today.
