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Sexual harassment claim filed against Texas company

When an employee believes that he or she is being harassed at work, generally the first step is to alert a superior to the issue. At this point, the employer should be following protocol and putting an end to the sexual harassment behavior.  Sadly, there are some Texas businesses that take this type of activity and sweep it under the rug, forcing the employee to deal with the issue alone. In some cases, sometimes a company even fires the employee to avoid dealing with the problem.

A former foreman for Elliott Turbocharger Group Inc., claims that he lost his job after he alerted his superiors to unwanted workplace behavior. He asserts that he heard a group of coworkers making a derogatory homosexual reference toward him. After he allegedly told the men to stop making those types of comments, the activity continued despite his request. He then reported the incident to his superior, who told him that he would discuss the issue with the men.

In his complaint, he references another incident in which the word "fag" was etched into his work truck. Despite a staff meeting that addressed the issue of sexual harassment not being tolerated, the activity reportedly continued. The harassment allegedly turned physical when one of the employees forcefully touched the plaintiff's backside while making a vulgar remark. Directly after the incident, the man went to his superior's office to report the incident. He claims that he was commanded to get out of the office and then lost his job 45 minutes later.

The man filed a complaint against his Texas employer, claiming that he was fired unjustly for reporting sexual harassment and was retaliated against. He also asserts that his superior -- who he reported the incidents to -- and the coworker who touched him, of behaving in such as way as to severely harm him emotionally. If the case results in a favorable ruling for the plaintiff, he may be awarded the monetary damages, lost wages and associated court costs that he is seeking. Employees who feel that they have been the victim of sexual harassment and don't find resolution from their superiors may choose to exercise their right to file a sexual harassment claim against their employer to seek accountability for the objectionable activity under our laws.

Source: The Southeast Texas Record, "Man accuses Woodlands company of sexual harassment, wrongful termination", Andrea Dearden, Sept. 10, 2014

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