Workplace Harassment Lawsuit Settlements

What Must Be Proven For A Conviction Of Criminal Harassment In Texas?

To establish criminal harassment in Texas, the prosecution must demonstrate that the defendant had the intent to harass, alarm, or torment another person through:

• To establish criminal harassment in Texas, it is necessary to demonstrate that the accused intended to torment, harass, or alarm someone by starting communication with the victim and, during the course of that communication, proposing or asking for something that is indecent or offensive.
• To cause alarm to a victim, it is considered criminal harassment in Texas to communicate false information that someone they know has been injured or has passed away.
• It is considered criminal harassment to communicate a threat to the victim with the intent of causing bodily harm to the victim, their family, or their property.
• Criminal harassment also includes intentionally not ending a telephone call, repeatedly making phone calls with the intention of annoying, harassing, or offending the victim, repeatedly sending electronic communications that cause alarm or embarrassment to the victim, and allowing someone who is harassing the victim to use the phone to make repeated calls.

How Do Sexual Harassment Claims Work?

Despite being prohibited by both Texas and federal law, sexual harassment continues to occur. Therefore, it is crucial to be aware of your rights and have a clear understanding of what constitutes a sexual harassment complaint.

There are two forms of sexual harassment recognized by federal and Texas laws. If you experience either of these forms in the workplace, you may have grounds to file a complaint against your employer.

1. Either creating a work environment that is hostile or permitting one to persist without taking any corrective measures; or,
2. Quid pro quo harassment refers to a situation where a manager or supervisor demands sexual favors from an employee in exchange for preferential treatment, such as promotions, better work assignments, or other job-related benefits.

It’s worth highlighting that sexual harassment can manifest in various ways. Actions like unwanted physical contact or making inappropriate comments, engaging in offensive conversations or jokes, whether done in person or through electronic means like texts or emails, all qualify as forms of sexual harassment.

As an employee, you are entitled to a work environment that is free of unwelcome sexual advances and hostility. If you experience any instances of sexual harassment, make sure to document them and preserve any evidence you may have.

In case you report such incidents to your employer, and they fail to take appropriate measures, you can seek legal assistance from  Workplace Harassment Texas to fight for your rights.

Do Companies Usually Try To Settle Harassment Claims Outside Of Court?

Despite greater awareness of sexual harassment in the workplace, it remains a prevalent issue across all industries, with many employees reporting incidents. In 2018, the Equal Employment Opportunity Commission received 26,699 sexual harassment charges, of which only 7% were settled, resulting in accusers receiving $14 million. Many of these claims were resolved outside of court.

As a business owner, you may have taken steps to prevent sexual harassment by including policies in your employee handbook and providing training. However, you cannot control the actions of individual employees, and the risk of a harassment claim still exists.

There are different ways to address sexual harassment claims. Ideally, measures should be taken internally to stop the harassment, but if the alleged harasser continues in their position or if the employee has to interact with them, a formal complaint may be filed. Many companies opt to settle sexual harassment claims outside of court to avoid a trial. You may consider whether this is the best course of action for your situation.

Potential Benefits Of Settling A Sexual Harassment Claim

If your company is dealing with a sexual harassment lawsuit, you may find yourself in a difficult position where you need to balance the needs of the employee who made the complaint and the interests of your company, including its reputation and the potential financial impact of litigation or settlement.

In such cases, it may be advantageous for both the employee and the company to settle the matter outside of court. If an investigation into the harassment complaint reveals evidence of wrongdoing, you may consider a settlement as a way to resolve the issue. Both parties can benefit from settling the claim in the following ways:

• To lower legal expenses, settling a claim is a more economical option compared to taking a claim to court and involving a jury.
• Settling a claim can reduce stress since preparing for court and possibly losing at trial can take a significant amount of time and effort, adding to the losses.
• By settling a harassment claim outside of court, you can increase your control over the outcome of the claim. Trials are inherently unpredictable, and if the jury shows sympathy toward the employee alleging harassment, you could face much higher punitive damages than anticipated.
• By settling a legal issue outside of court, the matter can be kept private. If the case goes to court, it becomes part of the public record, but in a settlement, only the terms of the agreement are made public.
• By settling a claim, it is possible to resolve the issue quickly, unlike going to court, which can take weeks to months for the court to schedule the trial, and the trial itself can last for several days. Waiting for a trial to get resolved can cause the case to drag on for much longer than if you were to settle. Accusers may be inclined to settle because they would receive payment much sooner than if they went to trial. In addition, settling can help accusers avoid the risk of receiving nothing at all if the jury doesn’t find it in their favor.

Many companies opt to settle sexual harassment claims before going to court, and they may also request non-disclosure agreements. Non-disclosure agreements create a legally-binding agreement that establishes a confidential relationship between two or more parties, and it is not unusual for companies to require them. Having a non-disclosure agreement in place can be advantageous for a company because it helps to keep confidential information private.