A lawyer is able to help you better when key evidence, communication, and facts are already in place. We appreciate that collecting these facts and evidence are not always easy – that’s why we have a guide on what to do to make sure you’re ready to fight:

• Say no and don’t placate.  Direct communication, whether verbal or in writing, is better than ignoring the behavior.  You must make sure the harasser knows that you consider their conduct to be unwelcome.  Don’t respond with flirtation.  Firmly refuse all invitations for dates or personal interaction outside of work.
• You don’t have to explain yourself. If the behavior is unwelcome, it’s not allowed–period. You don’t need to justify why you don’t want to engage in harassment. Get comfortable with saying:
  • “No. I have already told you I’m not interested.”
  • “You are making me uncomfortable. Stop asking me.”
  • “Don’t text me any more unless it is about work.”
• Get on the record reporting the harassment to your employer.  It is very important that you report the harassment because your employer must know or have reason to know about the harassment in order to be legally responsible for a coworker, client, or customer’s sexually harassing conduct. If your employer has an anti-harassment policy with a procedure for reporting sexual harassment, be sure to follow it, even if you also have told other managers. The employer has a duty to intervene on your behalf and take immediate corrective action, but they cannot respond if you do not report exactly what is happening and who is harassing you. The harasser may be relocated, suspended pending investigation, receive disciplinary action, or even terminated.
• Write it down and keep records. As soon as you experience the harassment, start writing down exactly what happened.  Write down the dates, places, times, witnesses and exactly what happened. Don’t use company time or equipment (even a cell phone) to make this record. You can also email the incidents to yourself from and to your personal account on your own time.
• Keep copies of your performance evaluations and any emails or letters documenting the quality of your work. When there is sufficient proof that you are passing performance reviews and considered a strong employee, any adverse actions that are taken against you after you are harassed, report the harassment, or refuse to submit to the harassment become more clearly construed as discrimination or retaliation.

Throughout this process, it’s important to consider how to define success. There are typically three types of resolutions people seek in this situation, outlined below:

• Negotiate an exit.  If you simply wish to get out and be made whole financially, we can often negotiate an exit package that preserves your reputation and your ability to get a new job.  We can ensure that confidentiality issues are properly addressed.
• Harassment lawsuits.  If your employer is unwilling to negotiate an out-of-court settlement, we can represent you with the EEOC or state equivalent agency or with a lawsuit. We are highly experienced at negotiating settlements on behalf of our clients, and we can move forward with a lawsuit if needed and represent you on a contingency basis.
• Protection from retaliation. If you’ve been passed up for a promotion, terminated, given worse shifts, or received any negative treatment after complaining about sexual harassment or refusing to submit to sexual harassment, you may be getting retaliated against. Retaliation is unlawful when it follows a legally protected activity, like reporting sexual harassment. We recommend working with an attorney in this situation who can help you navigate the ins and outs of filing complaints with the EEOC / TWC.

• Quitting. In order for the harassment to be proven, your case is stronger if you’re still employed at the company with the harasser. In fact, often it’s the case that harassers feel more powerful when their behavior forces someone to leave the company. Before you quit your job due to sexual harassment, discuss with a lawyer and follow our steps above to make sure you’re operating from a position of strength.
• Being too vague in your complaint. It can be scary to complain about sexual harassment, but using specific words and phrases when complaining is incredibly important. Be clear about who is harassing you, what they’re specifically doing, when they did it (or when they’re consistently doing it), how they’re doing it (by text? In person? Over Facebook?), and your expectations for the company to stop the harassment.
• Not complaining to a person who can fix the situation. Telling a co-worker about the sexual harassment won’t necessarily provide a path for management to fix the situation. Make sure you make your complaint to HR, to a person in a supervisory position, or (if you’re being harassed by the owner or boss) to someone else with supervisory responsibilities or duties, like a shift lead, keyholder, or regional manager. And if your employer has a specific procedure for reporting harassment, be sure to follow it.
• Don’t assume that men can’t be victims of sexual harassment. A claim of sexual harassment isn’t limited to one gender. Unwanted advances and offensive innuendos are actionable harassment from a legal perspective, regardless of the gender or sexual orientation of the victim or the harasser themselves.

If you’ve experienced sexual harassment, contact us for evaluation of your case with no further obligation by calling 972-301-2937 or by clicking here to submit a case review form.