If someone is constantly subjected to physical or verbal abuse because of their gender or sex, this is considered a hostile work environment.
Missouri City, TX – Anytime a worker is mistreated on their job, they should attempt to notify their employer and get legal help if necessary. However, sexual harassment very has a specific definition, and cases that are legally actionable fall into two categories. Victims can bring a civil case for various types of compensation, which can include the costs of finding comparable employment, counseling after the harassment, and any lost income or wages.
These are the two types of sexual harassment that result in civil cases for damages against an employer, and they are similarly defined under both federal and state law.
Quid pro quo harassment
A typical type of sexual harassment is when a supervisor, manager, or boss demands some kind of sexual acts or conduct from one of their subordinates. This is often done as a condition of employment, a threat to retain their job, or a condition of receiving some kind of benefits, raises, or bonuses.
As an additional point, the victim and their boss can be of the same gender or any gender. Sexual harassment laws are not limited to cases where only a certain gender is the victim, even though much sexual harassment is committed by male supervisors against female employees.
Hostile work environments
If someone is constantly subjected to physical or verbal abuse because of their gender or sex, this is considered a hostile work environment. However, not all workplace mistreatment is considered a hostile work environment because the conduct in question needs to be pervasive and not merely one or two minor incidents. An analysis for a hostile work environment can be very fact intensive for this reason. However, the main point of the inquiry is whether any reasonable worker in the same situation would have had their ability to perform their normal job duties affected. If the person essentially cannot function because of the severity of the harassment, then this is a hostile work environment.
Fears of retaliation
The reason much sexual harassment goes unreported is that the worker feels that they will lose their job or be punished for doing so. While retaliation is not the same thing as sexual harassment, workers should know that retaliation for exercising any legally protected right is illegal and the employer can be sued for this kind of conduct as well.
Texas labor attorneys
Moore and Associates is a labor law practice that helps with unpaid wages, sexual harassment, and discrimination issues. People who need more information about these matters can contact the firm and schedule a meeting to speak with an attorney.