​Sexual harassment is more common than one might think.  Anybody, regardless of gender or identity, can be a victim.  Sexual harassment takes many forms, and it may not always be obvious.  It may start off as seemingly harmless comments and compliments.  These conversations can turn into unwanted flirting and escalate. A colleague begins brushing up against you.  A boss pulls you aside at happy hour and tells you that your promotion is at risk if you don't provide sexual favors.  You say no and all of a sudden work is being taken away and you're on a PIP.  It's important to understand your rights.

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Employers get in trouble only if they knew or should have known that sexual harassment occurred.  This includes agents and supervisors. In some situations, the harassment is so open and obvious that the company should know that it's occurring.  This standard is harder to prove and can depend on numerous factors, like whether a manager or higher level employee witnessed harassment.  

 

It is important that employees report unwelcome sexual advances, requests, comments, and physical conduct.  Reporting sexual harassment puts the company on notice, and they're supposed to investigate and take prompt action.  Employees should consult with their employee handbooks or human resources to understand how to properly report harassment.  Complying with the policies and procedures regarding reporting harassment is one of the best ways to assert and protect your rights.  Proper reporting means the company can't claim it didn't know.

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It's scary to complain at work.  There's a lot at risk.  Understandably, you may be concerned that if you report sexual harassment, you'll lose your job.  The law prohibits employers from retaliating against employees who reported conduct that they genuinely believed was sexual harassment.  Of course, not all employers are good, and they may fire you.  If that happens, you may have a retaliation claim.

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These types of cases are rarely simple.  It's important to speak to an attorney as soon as you suspect conduct is sexual harassment.  If you've lost your job over harassment, it's critical to seek help fast because the statute of limitations can expire in less than a year.  If any of this sounds familiar or you think you're experiencing it, call me today. 

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Important Disclosure: Not Certified by the Texas Board of Legal Specialization.