Austin Sexual Harassment Lawsuit

Whether sexual harassment in employment occurs in Austin or elsewhere, victims of workplace sexual harassment may contact the Texas Workforce Commission in Austin, Texas at 512-463-2642 and consult an attorney to determine if a sexual harassment lawsuit may ultimately be appropriate under the facts and circumstances of the particular potential discrimination claim.

In this regard, sexual harassment is a form of sex discrimination that violates Chapter 21 of the Texas Labor Code and Title VII of the Civil Rights Act of 1964.  See, http://www.twc.state.tx.us/crd/facts .  Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.  According to the Texas Workforce Commission website posting, sexual harassment can occur in a variety of circumstances, including, for example, same sex sexual harassment and supervisors, co-workers, and non-employees sexually harassing workers.  However, the harasser’s conduct must be unwelcome, so it is helpful for the harassment victim to directly inform the harasser that the conduct is unwelcome and must stop.  Further, the Texas Commission on Human Rights recommends that victims use any employer complaint mechanism or grievance system available.

In a March 12, 2009 Equal Employment Opportuntity Commission (”EEOC”) Press Release, the federal agency announced that it filed an harassment lawsuit against an Austin packaging producer and distributor, alleging, in part, that a female manager sexually harassed male employees by subjecting them to unwanted sexual comments and unsolicited physical contact of a sexual nature and that she conditioned more favorable terms and conditions of employment based on acquiescence to her sexual advances and overtures.  See, http://www.eeoc.gov/press/3-12-09 .  An EEOC trial attorney quoted in the EEOC Press Release stated that it is hard to imagine that in the 21st Century sexual harassment is still so widespread in the workplace.  Id. 

As described at http://www.twc.state.tx.us/crd/facts , prevention is the best tool to eliminate sexual harassment in the workplace and employers are encouraged to take steps necessary to prevent sexual harassment from occurring, including, for example, establishing effective complaint and grievance procedures and taking immediate and appropriate action when an employees complains about sexual harassment.