 In General For the most part, the handling of sexual harassment in the workplace cases takes place in a civil forum, and is no doubt serious. However, their is no criminal complaint involved. Of course, that is not always the case, and sometimes the behavior in question can rise to the level of criminal activity. First, let's have a discussion about sexual harassment claims in general and then let's talk about how sexual harassment at work can rise to the level of being a serious crime. Sexual harassment cases in the workplace are governed by both federal and state law. Under federal law sexual harassment is considered gender discrimination and is prohibited under Title VII of the Federal Civil Rights Act of 1964. In Texas, sexual harassment claims are contemplated by the Texas Workforce Commission and can be committed by a male or a female, the offense does not necessarily have to be committed by someone of the opposite sex or by a fellow employee. Further, the harassing behavior does not have to be directed at a particular individual for that individual to be affected and to consequently be able to file a complaint. The TWC considers such things as unwelcome advances, requests for sexual favors, or physical touching of a sexual nature as examples of sexual harassment. Not every offensive act falls under the TWC definition of what may be sexual harassment. The offensive behavior generally must interfere with the person's performance at work or create a hostile, offensive, or intimidating environment. Simple teasing or isolated incidents will not likely rise to the level of sexual harassment as contemplated by the TWC. How Does a Sexual Harassment Claim Start? In Texas there is more than one way to report a sexual harassment claim. A complaint can be filed with the Texas Workforce Commission Civil Rights Division or through the Federal Equal Employment Opportunity Commission, there can also be administrative hearings that are held by an employer. When is a Crime Committed? As you can see above, thus far there has been no mention of jail time, an indictment, plea bargains, a criminal trial, or other matters related to criminal prosecution. That is because sexual harassment claims are largely civil lawsuits. However, sometimes sexual harassment rises to the level of criminal, such as in the case of sexual assault or rape. That type of behavior is more than the sexual harassment described in the preceding paragraphs, and should be reported to the police. Some other examples of criminal charges that can arise as a result of sexual harassment include, but are not necessarily limited to, sexual assault, criminal assault, or assault. These are serious crimes that can arise out of sexual harassment and can carry serious penalties, including jail time, having to register as a sex offender, having trouble finding employment, and not being able to own a firearm. Have You Been Accused of a Crime Related to Sexual Harassment? If you have been accused of a crime related to sexual harassment then you should contact a criminal defense attorney to mount a defense immediately; the consequences of such an accusation or criminal charge can be extremely serious and long lasting. The Law Office of Chad Zubi stands ready to listen to your side of the story and provide a free consultation regarding your case. Don't waste valuable time, call and make an appointment at (832) 777-8924. Other Articles you May be Interested In:Comments are closed.
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