Workplace Harassment
Sex Discrimination
It is unlawful to discriminate against an employee because of her sex. A claim of sex discrimination based upon circumstantial evidence requires the plaintiff to first make a prima facie case of discrimination. The plaintiff does this by showing that she (1) belongs to a protected group (i.e., she is female); (2) was qualified for the position; (3) suffered an adverse employment action; and (4) was replaced by a male. If the terminated employee can make this showing, she may be entitled to recover lost wages, compensatory damages, and punitive damages.
Sexual Harassment
To establish a claim for a hostile work environment, a plaintiff must establish that (1) she belongs to a protected class; (2) she was subjected to unwelcome sexual harassment; (3) the harassment was based on sex; (4) the harassment affected a term, condition, or privilege of employment; and (5) the employer knew or should have known of the harassment and failed to take prompt remedial action. Also, the harassing conduct must be severe or pervasive.
If the plaintiff was subjected to a hostile work environment and the unlawful conduct was committed by a person with supervisory authority over the plaintiff, only the first four elements above need me met. Moreover, if the hostile work environment was coupled with a tangible employment action (such as a demotion or termination), the employer is automatically liable for the conduct. However, if no tangible action was taken against the plaintiff, the employer can avoid liability if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior and (b) the plaintiff unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise.
A plaintiff must prove that the harassment created an environment that a reasonable person would find to be hostile or abusive. To meet this standard, the plaintiff must show that her workplace was "permeated with 'discriminatory intimidation, ridicule, and insult' that is 'sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment.'" The challenged conduct must be both objectively offensive-meaning that a reasonable person would find it hostile or abusive-and subjectively offensive (meaning that the plaintiff herself found it to be so). The court may consider factors such as "the frequency of the conduct, its severity, the degree to which the conduct is physically threatening or humiliating, and the degree to which the conduct unreasonably interferes with an employee's work performance."
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Contact the Dallas Employment Lawyers at Fell & Wood, LLP today at 972-488-8177 for a no-obligation telephone or in-person consultation. Most cases can be handled on a contingency fee so that you only pay attorney fees if a recovery is obtained.
