Houston Sexual Harassment Lawyer
Facing sexual harassment at work is both illegal and deeply distressing. Many individuals fear that their voices will not be heard or that there is no legal recourse available. However, you often have rights that can be asserted.
I am Ashok Bail, a dedicated employment law and sexual harassment lawyer with over 20 years of experience. My personal experiences with discrimination empower me to fight vigorously for my clients.
If you believe you are being harassed at work, I invite you to contact my firm, The Bail Law Firm, for a free consultation, where we can discuss your situation confidentially. I represent people in Houston, throughout Harris County and, in some cases, nationwide.
What Legally Qualifies As Sexual Harassment In The Workplace?
Sexual harassment in the workplace is a serious form of job discrimination that is clearly prohibited under Title VII of the Civil Rights Act of 1964. This critical legislation applies to employers with 15 or more employees, including private and public sector employers, federal entities, employment agencies, and labor unions. Sexual harassment manifests in two primary forms: quid pro quo and hostile work environments.
Quid Pro Quo Sexual Harassment
This type of harassment happens when a person in power ties a job benefit, such as a promotion, raise or continued employment, to an employee’s acceptance of unwelcome sexual advances or requests for sexual favors.
For example, if a manager tells an employee they will only get a promotion if they go on a date or engage in sexual activity, that is quid pro quo harassment.
Hostile Work Environments
A hostile work environment occurs when inappropriate behavior is so severe or repeated that it interferes with an employee’s ability to do their job or makes the workplace intimidating, offensive or abusive. This kind of harassment can come from managers, co-workers or even third parties such as clients or vendors.
It can also be based on sexual orientation, gender identity, gender expression or pregnancy. In these cases, the behavior does not have to come from a supervisor to be serious enough to matter.
Employer Responsibilities In Harassment Cases
Employers are legally required to take reasonable steps to address and prevent known harassment. Failure to do so can result in employer liability. For the harassment to violate the law, it must be severe or pervasive enough to alter the conditions of employment.
Examples of illegal sexual harassment include:
- Persistent unwanted sexual advances, where an employee repeatedly receives inappropriate comments or propositions despite clearly rejecting them
- Inappropriate workplace behavior, such as sharing explicit or suggestive content via emails or messages, contributes to a toxic work environment
- Verbal and physical harassment, including derogatory remarks, offensive jokes or unwelcome touching, all of which can undermine an employee’s sense of safety and dignity at work
These examples illustrate the types of behaviors that, when severe or pervasive, qualify as illegal sexual harassment. The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit workplace harassment and discrimination. Employees who believe they have experienced sexual harassment may file a charge with the EEOC, which can investigate the complaint and, in some cases, help facilitate a resolution.
Frequently Asked Questions
Navigating a harassment complaint can feel scary and isolating. It is common to feel unsure about what to do next, especially if you are worried about retaliation or whether anyone will believe you. To help you understand your options better, I have addressed four common questions about sexual harassment claims in Texas.
How do you report sexual harassment to your employer?
Reporting sexual harassment typically involves notifying your manager and/or the human resources department. However, before taking this step, it is wise to consult a sexual harassment attorney. Doing so ensures you understand your legal rights and have proper representation if your employer fails to act or retaliates.
A lawyer can guide you in documenting incidents accurately, which is crucial for building a strong case if needed. Protecting your rights begins with knowing them.
Can you be retaliated against for filing a sexual harassment complaint?
Title VII strictly prohibits retaliation against employees who file good faith sexual harassment complaints, participate in sexual harassment investigations or oppose discriminatory practices. Retaliation may take various forms such as demotion, termination or creating a hostile work environment to force an employee out.
If you encounter retaliation, it is crucial to seek legal counsel, as a sexual harassment lawsuit may be necessary to safeguard your rights and seek justice.
What if human resources ignore my harassment complaint?
Should your company’s HR representative disregard your harassment complaint, it’s crucial to document everything: the date of your complaint, the individual you contacted, the specifics of your report and any follow-up interactions. If possible, submit your complaint in writing so there is an unblemished record. You can also escalate the issue to a higher manager, a different HR representative, an ethics hotline or the company’s compliance department.
If the harassment is severe or ongoing, or if you are being retaliated against for reporting it, you may want to speak with an employment lawyer or file a charge with the appropriate agency to protect your rights.
How long do I have to file a sexual harassment claim in Texas?
If you want to bring a workplace sexual harassment claim under federal law, you must file a charge with the EEOC within 300 days of the harassment or of your employer’s failure to respond. Because Texas has its own state fair employment agency, the longer 300-day deadline applies rather than the standard 180-day period.
If you are filing under Texas state law, there may be different deadlines and steps to follow. It is best to act as soon as you can, because waiting too long may make certain claims time-barred, even if the harassment occurred over an extended period.
Contact Me Today For A Free Consultation
My commitment is to vigorously protect your rights against workplace discrimination and harassment. If you find yourself in a toxic work environment or experience quid pro quo harassment, do not hesitate to reach out.
You may call my law firm today at 832-616-7545 or use my online form to schedule a free consultation. Together, we can discuss your unique circumstances and explore the legal options available.