Source: Food and Drugs Administration--Recalls/Safety Alerts
Many people struggle to understand the difference between the terms sexual assault and sexual harassment. These phrases are often used interchangeably in everyday conversation, but each has its own legal meaning and implications. Sexual misconduct in any form is unacceptable and can leave lasting impacts on its victims. Whether you’re dealing with a situation personally or supporting someone else, it can be helpful to know the differences.
Sexual Harassment: Unwelcome Sexual Behavior
In Texas, sexual harassment is an overarching term that refers to unwelcome behavior of a sexual nature that creates a hostile, intimidating, or uncomfortable environment. This could include anything from inappropriate jokes or comments to more serious actions like unwanted touching or persistent advances.
A classic example is when a coworker repeatedly makes suggestive comments or sends inappropriate messages, making you feel uneasy. Sexual harassment doesn’t always involve physical contact; even verbal or written communication can qualify.
There are generally two types of sexual harassment defined by Texas law. The first is called “quid pro quo” sexual harassment, translated literally as “this for that”. Quid pro quo harassment occurs when someone in a position of power demands sexual favors in exchange for job benefits, like promotions or continued employment. It involves a clear link between the victim’s submission to or rejection of the advances and a tangible impact on their job.
The second type of harassment is “hostile work environment” when unwelcome conduct of a sexual nature is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment. This behavior disrupts the victim’s ability to perform their job effectively.
In the workplace, sexual harassment is illegal under the Texas Commission on Human Rights Act (TCHRA). This means that if you’re experiencing sexual harassment at work, you have the right to report it and seek legal action if necessary. But the TCHRA requires you to file a complaint with the Texas Workforce Commission (TWC) within a strict deadline to protect your claim. A sexual harassment at Carter Law Group can help you with the process of filing with the TWC. Call us now at 214-390-4173 for a free consultation.
Sexual Assault: Physical Violation
The term sexual assault covers a wide range of non-consensual sexual activities, from groping to rape. Unlike harassment, which can be verbal or non-physical, sexual assault involves some form of physical contact. It’s important to note that sexual assault doesn’t always involve violence or force—lack of consent is what defines the act.
Even if someone didn’t explicitly say “no,” if they didn’t give clear, voluntary, and enthusiastic consent, any sexual contact can be considered assault. The law recognizes that there are situations where someone might be unable to give consent, such as when they’re unconscious, intoxicated, or underage.
Sexual assault is a criminal offense, and the consequences can be severe, including jail time for the perpetrator. It’s important to understand that sexual assault isn’t just about violent attacks; it includes any non-consensual sexual contact.
If you were sexually assaulted while in the workplace or while performing work for your employer, you may have a claim against your employer for failing to keep you safe, even if your boss was not the person who assaulted you.
Distinguishing the Two
When evaluating a case, the Texas Court will look at six factors to determine whether it is sexual harassment or sexual assault:
There are important procedural and damages differences in a lawsuit for sexual harassment vs sexual assault. You should consult with an attorney who specializes in this area of law to determine the best legal strategy for the particular facts of your case.
Conclusion
Experiencing any type of sexual misconduct can be devastating and traumatizing for both the victim and any witnesses. Any kind of violating behavior is illegal and should be reported. The process that follows can add to the confusion and stress. At Carter Law Group, we are committed to providing compassionate and expert legal support to those facing these challenging situations. Whether you need help navigating what kind of case you have or pursuing justice after an assault, our experienced team is here to guide you every step of the way. Don’t face this alone—let us help you secure the justice and protection you deserve. Call our line for a free consultation.
Reporting your sexual assault or harassment is a difficult decision. Deciding where to report—your employer, the police, or both—can be equally or even more overwhelming. At Carter Law Group, we’ve worked with many clients over the years reporting sexual assault and have seen the courage it takes to step forward. Understanding the differences between these two reporting processes can help you make informed decisions. Here’s what you can expect from each process.
Reporting the incident to your employer is a route many people take, especially if the assault happened at work or involved a coworker. Here’s what you can expect:
Internal Investigation
Once you report the incident, your employer is legally required to investigate. This means they’ll talk to you, the accused, and any witnesses. They might also review emails, security footage, or any other relevant evidence. The duration of this process could vary depending on the employer and the situation. While this system might feel invasive, it’s meant to get to the bottom of what happened.
Temporary Measures
During the investigation, your employer should take steps to protect you. This might include adjusting your work schedule, reassigning duties, or even placing the accused on leave. These measures are meant to ensure that you feel safe while everything is being sorted out.
Possible Outcomes
If the investigation finds that the assault did occur, the employer might take disciplinary action against the accused. This could range from a warning to termination. In some cases, they might also implement new policies or provide training to prevent future incidents. Remember, it’s not just about punishing the perpetrator; it’s also about making sure this doesn’t happen again.
Legal Protections
One of the biggest fears people have is retaliation. But here’s the good news: you’re protected by law. Your employer can’t fire you, demote you, or otherwise punish you for reporting the assault. If they do, you have the right to file a complaint with the EEOC or your state’s equivalent, like the Texas Workforce Commission. And if you’re not happy with how your employer handled the situation, you can explore legal options, including filing a lawsuit.
Reporting to your employer can have an impact on your work life. It’s important to document everything, seek legal advice if needed, and consider how this might affect your job and your well-being.
Reporting to the police is a different experience than reporting to an employer, and here’s how it typically unfolds:
Criminal Investigation
When you file a police report, law enforcement will start an investigation. Just like your employer, this involves collecting evidence and interviewing you and any witnesses. If there’s enough evidence, they may arrest the accused. The police will try to determine if a crime has been committed and whether they can pursue charges.
Legal Proceedings
If the police believe there’s enough evidence, they’ll hand the case over to a prosecutor, who may decide to press charges. This can lead to a trial where the goal is to prove the perpetrator’s guilt beyond a reasonable doubt. The legal process can take time, and it might involve multiple hearings and court dates.
Victim’s Role and Rights
As the victim, you’ll likely be asked to provide testimony or additional evidence during the investigation and trial. You have rights throughout this process, including access to victim advocacy services and protection orders to ensure your safety. You should also be informed of any developments in the case, such as arrests or court proceedings.
Potential Outcomes
If the perpetrator is found guilty, they could face fines, imprisonment, or other penalties. A criminal conviction can also impact any related civil or workplace cases, potentially strengthening your position in those areas.
At Carter Law Group, we believe that it is most effective to report sexual assault or harassment to both your employer and law enforcement to ensure that it doesn’t happen again. Understanding the differences though can help you prepare for what is to come.
Your boss will be focused on resolving issues within the workplace, ensuring a safe environment, and addressing any policy violations. The police’s motive, on the other hand, is about criminal accountability and justice. Additionally, workplace investigations often move faster than criminal cases, which can take months or even years to resolve. The results of workplace investigations are also limited to disciplinary actions within the company whereas criminal cases could lead to legal penalties for the perpetrator.
Both processes are meant to provide victims with relief and prevent future incidents from happening. Consider seeking legal advice to help you navigate these processes and ensure your rights are protected. The trained attorneys at Carter Law Group are more than capable of guiding you through these difficult decisions and can provide informed, compassionate, and catered advice for your unique situation. Call us today for a free consultation at 214-390-4173.
To read more about what you can do after being sexually assaulted, visit more of CLG’s posts:
Source: FDA Food Safety Recalls RSS Feed
Source: FDA Food Safety Recalls RSS Feed
If you’ve been sexually assaulted at work, you’re probably feeling scared, confused, and unsure of what to do next. First and foremost, you should know that what happened to you is not your fault. The decision to report it is deeply personal, and there’s no single “right” answer. This article will walk you through some options and help you understand the legal protections available to you.
Sexual assault anywhere, including at your workplace, is a criminal matter. But if you were assaulted by someone at or associated with your job, your assault might also be a civil matter. In other words, you might have a lawsuit against your employer for failing to keep you safe. Federal laws, like Title VII of the Civil Rights Act, and Texas laws, like the Texas Commission on Human Rights Act, specifically prohibit sexual harassment and assault in the workplace. And it doesn’t matter if your attacker is your boss. Your employer should keep you safe in your workplace.
It’s completely normal to have mixed feelings about reporting what happened to you. Reporting your assault to the police is hard. But some people find it even harder to report their assault in the workplace to their supervisor or human resources department. Maybe you’re worried about retaliation, losing your job, or being blamed by the higher ups. These fears are valid, but it’s important to know that the law is on your side. Retaliation—like firing, demoting, or punishing you for reporting—is illegal. If you experience retaliation, you can file an additional claim against your employer.
The first step is usually to report the assault to your company’s HR department or a manager. When you do this, be as detailed as possible in documenting what happened—dates, times, and any communication related to the incident. This documentation is crucial if you decide to pursue legal action.
Your employer is legally obligated to investigate the assault. They should take steps to protect you during and after the investigation, such as adjusting your work environment or providing leave if needed. If they fail to address the situation, you can escalate the issue to someone higher in your company or by talking to a lawyer.
If your company doesn’t take your report seriously or if you’re uncomfortable reporting internally, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s equivalent (like the Texas Workforce Commission). An attorney like those at Carter Law Group can help you file your complaint with the EEOC or TWC.
If you want to bring a civil legal claim (a claim for money damages) against your employer, you must file your complaint with the EEOC and/or TWC within 300 days of your assault to protect your rights.
Sexual assault is a crime, so you also have the option of reporting the incident to the police. This is separate from any workplace investigation and could lead to criminal charges against your employer. Criminal cases can be complex, but they may result in serious consequences for the assailant, like jail time.
Once you report, an investigation at your work by your employer should begin. This could involve interviews with witnesses, reviewing evidence, and possibly a hearing. Investigations take time, and the process may feel slow, but it’s meant to ensure fairness.
Once an investigation is complete, many outcomes are possible. Your employer may take action like firing or reprimanding your attacker. Even so, you may still have a valid claim against your employer.
Additionally, you may be entitled to compensation for any harm the assault has caused, like medical bills, lost wages, or emotional distress. A lawyer at Carter Law Group can help you navigate this process and figure out the best course of action for your situation.
You don’t have to go through this alone. Consulting with a lawyer who specializes in workplace sexual assault is a great first step. At Carter Law Group, our trained attorneys can explain your rights, help you file claims, and guide you through the legal process. We offer a free consultation and counseled support the entire way.
It’s also important to take care of your emotional well-being. Seek counseling or therapy to help process what you’re going through. Many organizations provide free or low-cost services for survivors of sexual assault, and taking care of yourself emotionally is just as important as any legal action you take.
National organizations like RAINN and the National Sexual Violence Resource Center offer confidential hotlines, counseling and help finding local resources. Local shelters and crisis centers like the Dallas Area Rape Crisis Center can provide immediate help and connect you with others who understand your experience.
Reporting sexual assault, harassment or discrimination by your employer is a difficult and personal decision. The law is there to protect you, whether you choose to report it immediately or take your time. Here at Carter Law Group, we understand that this journey to justice is confusing and emotional. We want to make our clients feel heard and get them the justice, safety and support they deserve. Call us today for a free consultation.
For more information, check out CLG’s other blog posts on this important topic:
Source: Food and Drugs Administration--Recalls/Safety Alerts
Source: Food and Drugs Administration--Recalls/Safety Alerts
Source: Food and Drugs Administration--Recalls/Safety Alerts
Source: Food and Drugs Administration--Recalls/Safety Alerts
