Legal Question in Sexual Harassment in Texas
Daughter sexually harassed, suffered retaliation after reporting.
My daughter, among other female employees, has been subject to sexual harassment in the workplace. Lewd comments and threats to terminate if she did not ''go on a date'' with the supervisor in question ''after she turns 17''. She reported the harassment to a shift manager and the District Manager. The DM spoke with the supervisor in question but we are unaware of what was said. After the supervisor in question was talked to he confronted my daughter in the presence of customers about the aligations. He then took her into the office to continue the conversation. When she felt that the conversation was going nowhere she tried to leave the office, only to have him block the door, not allowing her to leave. When she spoke to the DM telling her that the situation was getting to be too much to handle and that she was too stressed out the DM told her to take a week off of work.
My questions are:
1. Do we have grounds for criminal charges for the supervisor not letting her leave the office?
2. Is there Intentional Infliction of Emotional Distress?
3. Is she a victim of both ''quid pro quo'' and ''hostile enviroment''?
4. Is there malice or reckless disregard for her federally protected rights?
5. Would she qualify for constructive discharg?
1 Answer from Attorneys
Re: Daughter sexually harassed, suffered retaliation after reporting.
This certainly seems to be sexual harassment in the classic sense (both what has at times been known as "quid pro quo" and "hostile environment" sexual harassment), and actionable at least as a civil law matter if certain legal requirements are met. Your questions are good and should be answered in person with more information about facts and circumstances. I would be happy to do so, or you can contact another qualified attorney who practices in this area.
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