Sexual Harassment Lawyers serving Bryan, San Antonio, Edinburg, Monterrey and surrounding areas
We fight on your behalf to receive just compensation for your damages.
Sexual Harassment Attorney
Sexual misconduct accusations have skyrocketed across the country over the past several years. If you are an employee in the state of Texas and have been the victim of workplace sexual harassment, you may have a case to pursue justice against your offender.
Both the Texas Labor Code and the U.S. Equal Employment Opportunity Commission protect employees from sex-based discrimination and sexual harassment. Sexual harassment is also considered a form of discrimination under the Civil Rights Act of 1964.
What qualifies as sexual harassment in Texas?
Harassment can include unwanted sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Sexual harassment may also include offensive remarks about a person’s sex. For example, sexual harassment can include making offensive and derogatory comments about women in general.
The laws apply to all state and local governmental entities regardless of how many employees they have, as well as private employers with 15 employees or more.
According to the Equal Employment Opportunity Commission (EEOC), it is unlawful to harass a person (an applicant or employee) because of that person’s sex.
Harassment can include:
- Sexual harassment
- Unwelcome sexual advances
- Requests for sexual favors
- Other verbal or physical harassment of a sexual nature
It is important to note that either the victim or the offender can be either a woman or a man, and the victim and offender can also be the same gender.
The law does not prohibit:
- Simple teasing
- Offhand comments
- Isolated incidents that are not very serious
However, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an employment decision that adversely affects the victim. For example, the harassment leads to the victim being fired or demoted in the workplace.
The offender can be the victim's immediate supervisor, any other management figure, a co-worker, or even someone who is not an employee of the employer, such as a third-party client or customer.
Quid Pro Quo Sexual Harassment
“Quid pro quo” is a Latin phrase meaning “something for something.”
In sexual harassment, “quid pro quo” refers to situations where an employee is offered something in exchange for something in return. The thing offered could be a promotion or career advancement, work on a desired project or in a desired department, or any other employment benefit. In exchange, the employee is expected to provide a sexual encounter, a date, or anything else that constitutes sexual harassment.
Quid pro quo sexual harassment is illegal under federal and Texas law. Whenever sexual harassment occurs, victims are owed compensation and should contact an experienced sexual harassment attorney to learn more about their rights.
Why Hire an Attorney?
Sexual harassment suits can be complex matters that require a great deal of investigation and understanding of legal concepts.
At Hernandez Law Firm, we protect the rights of employees that have been wrongfully terminated by their employer. Because the terms of a wrongful termination vary so greatly, contact our office as soon as possible for a free case evaluation. We can help you determine if your termination was wrongful and discuss the strength of your case.
How We Handle Your Case
Gather All The Evidence. We start every case by gathering all the available evidence, including witnesses, documents and all other available evidence. We also speak directly to any other potential victims and bring in experts if necessary, to understand the details of the termination.
We also gather evidence about your damages. We are experts at gathering the evidence required to build a powerful case and preparing it to present in trial so that a jury can understand and make a fair determination if the case goes to trial.
Calculate Damages. In order to receive just compensation for your damages, we must be able to prove those damages. Damages include lost pay, lost benefits, emotional distress, punitive damages and attorney fees.
We thoroughly review your case to determine the full extent of damages that may be available to you and we seek the maximum damages that you should be entitled. Our trial attorneys know how to present your damages to a jury in trial, if necessary.
Negotiate With The Defense. After we have gathered all the evidence and facts and calculated your damages, we will begin negotiating with the defense. Negotiating with the defense can be a very difficult and frustrating experience if you do not have experience with this process. Our firm generally files a lawsuit on our client's behalf and begins preparing for trial as soon as we begin a case. Filing a lawsuit right away sends a signal to the employer that they need to take this matter seriously. We do the best we can to negotiate, but at some point, negotiations cease and we move towards trial.
Go To Trial. Most of the time, wrongful termination cases settle, sometimes on the courthouse steps, so to speak, other times once evidence is presented. However, not every case can be settled with fair compensation because the employer and their counsel do not believe wrongful termination occurred, or that the case is as valuable as you do.
This is why it is extremely important to have a lawyer that has experience trying cases and is willing, ready, and able to do so on your behalf. Employers are well aware of who they are up against and they treat any settlement offers accordingly. If your lawyer is not experienced at trying cases, the insurance company will not take your case as seriously as they would if you hire an experienced trial attorney from the start.
We Take Sexual Harassment Seriously
If you believe you have been a victim of sexual harassment in the workplace, it is recommended that you contact an experienced sexual harassment attorney. It is important to be aware of the statute of limitations that may limit your ability to pursue a claim once the time limit for filing has passed. While the process of pursuing a sexual harassment claim may be emotionally taxing, pursuing the claim against a harasser may not only prevent others from having to endure the same treatment, but may also bring personal closure for the victim. The most important goal for the lawyers at the Hernandez Law Firm is to help clients feel comfortable by understanding the process while making sure that we pursue the case efficiently and with all evidence considered.
Call Hernandez Law Firm to arrange a confidential consultation with a sexual harassment attorney today.
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The Hernandez Law Firm provides practical solutions for our clients legal problems. The law firm has built its success by being responsive to client concerns and applying hard work with integrity to find creative legal solutions.