• 31
  • January
    2012

Claims of sexual harassment or a hostile work environment can expose businesses and employers to the risks of negative publicity and possible liability for damages.

Accordingly, understanding past sexual harassment cases and their practical impact can help Texas employers protect themselves and their organizations from the problems caused by claims of sexual harassment in the workplace. Three U.S. Supreme Court cases are especially instructive.

First, a lesson imparted by the case Burlington Industries, Inc. v. Ellerth is that implementing and following anti-harassment policies can help protect employers from potential liability. Employers can defend against sexual harassment allegations by demonstrating that they have policies established to prevent, investigate and correct sexual harassment in the workplace. Also, employees can hurt their chances of winning a sexual harassment or other employment dispute by not following their employers' policies for reporting concerns.

The case Oncale v. Sundowner Offshore Services, Inc. warns employers that employees can be sexually harassed by individuals of the same sex as well as the opposite sex. To bring a successful claim under federal law, an employee must show that the harassment was based on gender.

Finally, school districts, colleges and universities may be held liable for sexual harassment committed by their employees, unless the educational organization was unaware of the alleged harassment. The case Gebser v. Lago Vista Independent School District, however, requires that alleged victims must notify the school of their claims before filing a lawsuit against the school.

Learning from past cases is one way employers may protect their businesses or organizations from the negative consequences of sexual harassment claims. State law may change some of the protections afforded employers, though, so it is important to consult with an experienced Texas business lawyer when creating, implementing and enforcing anti-harassment policies.