know your rights
IN TEXAS AND NEW MEXICO, THE. LAW PROTECTS EMPLOYEES FROM SEXUAL HARASSMENT NO MATTER HOW MANY EMPLOYEES THE COMPANY HAS.
Sexual harassment is illegal under federal and state law – there is no reason you should ever have to tolerate it in the workplace. Sexual harassment can take many forms, so it is important to recognize some of the key traits. Here is what you need to know about sexual harassment in Texas and New Mexico.
WHAT IS SEXUAL HARASSMENT IN THE WORKPLACE?
In some instances, sexual harassment may be verbal, including inappropriate comments or requests for sexual favors. On the other hand, sexual harassment may escalate and become physical, including nonconsensensual advances, inappropriate touching, or other acts.
Harassment need not be sexually explicit to be illegal. Continuous, derogatory, gender-based acts may be considered sex-based harassment, too. For example, disparaging comments about women, even if not sexual, may qualify as harassment.
Such behavior is illegal when it occurs with such regularity or is severe such that it influences employment decision – like promotions, demotions, and firings – or results in a hostile work environment.
TYPES OF SEXUAL HARASSMENT IN THE WORKPLACE
Quid pro quo harassment occurs when an employee’s compliance with demands for sexual acts become a requirement, whether explicit or implicit, of their employment. This may include your manager suggesting that your job depends one you performing certain sexual acts. If your employment is conditioned on performing sexual acts, you are the victim of workplace harassment.
The Equal Employment Opportunity Commission (EEOC) describes a hostile work environment as one where the harassment is so severe or prevalent that a reasonable person would find the work environment intimidating, hostile, or abusive. Isolated events, unless especially serious, or mild irritations are unlikely to satisfy the requirements for a hostile work environment.
DO YOU HAVE A CLAIM FOR SEXUAL HARASSMENT?
If you have experienced any of the above treatment, you may be experiencing workplace sexual harassment. The law protects both men and women from sexual harassment. Even more, claims are not limited to those against and immediate superior. You can be the victim of sexual harassment from your supervisor, co-worker, or other employees at your workplace.
CALL BAEZA LAW FIRM TO PURSUE YOUR CLAIM
You shouldn’t have to tolerate sexual harassment in the workplace, but that doesn’t mean dealing with it is easy. These situations are often emotionally-charged and may have potential economic consequences related to your job. We understand this and can work with you to create a strategy to address your concerns and deal with the situation in the best way for you.
WHAT TO DO IF YOUR EMPLOYER DISCRIMINATES AGAINST YOU BECAUSE OF YOUR SEX
To preserve your rights under the law for this type of discrimination, you must act quickly and typically must follow certain procedural steps, such as filing a charge of discrimination with either the EEOC, NMWFS-HRD, or two. Lastly, take thorough notes regarding everything discriminatory that is being said or done to you and keep all records related to your employment. These noes and records may prove invaluable in a later lawsuit.
CAUTION: The information on this webpage and website does not constitute legal advice. The purpose of this information is to provide information to the public and to raise awareness of Texas, New Mexico, and Federal employment laws for employees. DO NOT read anything here and make a decision affecting your legal rights, such as a decision not to pursue a lawsuit or to file a lawsuit, without first consulting a lawyer. ONLY your own individual attorney can provide you with legar advice and properly inform you of your rights and remedies under the law. This website does not guarantee the accuracy of any of the information provided within it. Finally, this information only applies to Texas, New Mexico, and Federal employees, as employment laws differ greatly from state to state.