Hostile Work Environment Sexual Harassment

The Pursley Law Firm is able to represent clients all over Texas in Austin, Dallas, El Paso, Ft. Worth, Houston and San Antonio with a Sexual Harassment Hostile Work Environment Lawyer. A victim of sexual harassment often has their credibility challenged when they file a hostile work environment claim. You want to make sure you have a successful and experienced Sexual Harassment Hostile Work Environment Attorney able to assist you every step of the way in your case.

A sexually hostile work environment exists when unwelcome sexual advances, requests for sexual favors, sexually abusive or vulgar language, or other verbal, visual, or physical conduct unreasonably interfere with an individual's work performance or create an intimidating, hostile, or offensive working environment. A sexual harassment hostile work environment claim may be based upon remarks, innuendo, physical acts, or other job conditions.

To file a claim for hostile work environment sexual harassment, the victim needs to show that it was very clearly unavoidable and not some petty office strife or unwelcome flirtations. Rather, in order to be actionable, the sexual harassment must be sufficiently severe or pervasive to alter the conditions of employment and create an abusive work environment. A case of sexual harassment based on a hostile work environment theory requires proof of the following elements: the employee belonged to a protected group (however, this does not mean that men cannot file sexual harassment claims), the employee experienced unwelcome sexual harassment, the harassment complained about was based on sex or gender, the harassment was severe and persistent to affect and alter the term of employment or performance of the victim, and the employer knew of or should have known of the harassment and failed to take action to remedy the situation.

Determining whether the circumstances of the plaintiff's work environment rise to the level of actionable sexual harassment involves weighing both the severity and the pervasiveness of the alleged conduct. Generally, the more severe the conduct, the less pervasive it need be, and vice versa. In evaluating the severity and pervasiveness of the offensive conduct, the court will consider whether the conduct involved touching, propositions, pornography, and/or sexually derogatory language, jokes, and other verbal sexual harassment. In evaluating the pervasiveness of the misconduct, the court will consider its frequency, openness, obviousness to those who pass the area, persistency, and the victim's ability to avoid it.

The final element of a plaintiff's case of hostile work environment sexual harassment requires proof of employer liability. As a general rule, when an employer knew or should have known of the employee's offensive conduct and failed to take steps to disallow that conduct and eliminate the hostile environment, the employer is liable for the hostile environment.

Once you have exhausted all administrative opportunities with your employer to resolve your situation, you can pursue other avenues with the assistance of a Sexual Harassment Hostile Work Attorney.

Do I Have A Sexual Harassment Case in Texas?

Sexual Harassment Information Center

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