It is somewhat like adding insult to injury when a termination follows a sexual harassment complaint. These discriminatory actions are prohibited by employment law and businesses who do not comply by addressing a situation properly when sexual misconduct. It is the responsibility of the worker to report the sexual harassment or hostile work environment, and then it is the company’s responsibility to investigate and take appropriate measures to protect their workers. Company’s who do not adequately protect employees can be sued by employees who have been discriminated against. Sadly, some companies retaliate against the person reporting the misconduct. Employment lawyers such as Tayeb Hyderally educate businesses and their employees on employment law. When companies do not comply or fail to properly protect their employees, expert employment law attorneys like Ty Hyderally are prepared to successfully litigate.
A recent employment law case involving sexual harassment and retaliation occurred in Southeast Texas. A woman was working at Excel maintenance Services Inc. where she states that she was constantly subjected to sexual harassment and a hostile environment along with illegal retaliation. Ruby Thomas stated in her suit which was filed in a Galveston federal court, that she was the object of verbal and physical actions involving harassment while she was employed as a bagging operator at the facility.
Ms. Thomas alleged that the foreman requested sexual favors, touched her inappropriately and made many lewd comments. However, the company took no immediate action in order to correct, prevent or in any way address the alleged misconduct. She stated that she reported the abuse to her superiors in 2010 and she was immediately placed on a paid leave of absence so that an investigation could be conducted. Stated in her original petition is that the supervisor who was accused of the inappropriate sexual actions began to retaliate against her when she returned to work by assigning her to work in undesirable, remote or dangerous locations which also secluded her from her fellow employees.
On April 119, 2011 Ms. Thomas was terminated for an alleged accident while operating a forklift. Her suit claims that it is in retaliation and a “pretext for illegal discrimination.” The suit also states that other workers were in similar “accidents” and in violation of safety regulations but were not treated as severely. Ms. Thomas states that she had maintained a spotless work record before her termination and she is seeking for monetary damages as well as a jury trial.
Ty Hyderally and other employment law attorneys will be waiting to see the outcome of this case which involves two alleged infractions of employment law. It is important that employees retain their right to report a hostile work environment, sexual harassment or other abuse in the workplace without fearing retaliation from those who are responsible for protecting these rights and maintaining a safe workplace for all workers. If the allegations are accurate the company will likely be penalized and pay damages to Ms. Thomas. Employers should be held responsible for the actions of employees and take immediate action to investigate in the event abuse is reported.