Texas Sexual Harassment Client Story
We are sharing the story that follows to give you additional background on sexual harassment cases. Be sure to read it through; though the names and details have been edited to protect our client’s privacy, the value of the information remains.
On a hot summer morning in El Paso not so long ago, Marissa Hernandez sat at her desk in a cold sweat, trying to calm herself. She involuntarily jumped when her boss suddenly burst out of his office door. She could hear his footsteps approaching from behind and unconsciously pulled her sweater off the back of her chair and over her shoulders, covering her bare arms.
When the boss didn’t speak, Marissa was tempted to turn, uncomfortable at feeling his presence behind her. She kept her face toward her computer screen, trying to act casual as his reflection grew in the glare of her monitor.
Then his hands were on her shoulders from behind, warm and clammy, kneading the area between neck and shoulder on either side. Marissa startled and tried to pull forward, but he held her in place, squeezing tight.
“Relax,” he said quietly into her ear. “Why so tense?” He kept working her shoulders. Marissa froze and turned inward, willing him to stop.
Then he pulled her sweater off her shoulders. “You’re sweating; you definitely don’t need this,” he said, returning the cardigan to the back of her chair. “Besides, you’re wearing my favorite blouse.”
Marissa jumped to her feet. Muttering that she needed to run to the ladies’ room, she edged around the man, who refused to back up to let her pass. She was forced to brush against his thick gut to escape as he fixed her with an oily smile.
“Why are you taking your purse to the ladies room?” The boss called after her. “You camping out?”
We met Marissa that day during her lunch break. She looked exhausted. Dark circles triumphed over the makeup beneath her eyes. She told us anxiety had kept her from a solid night’s sleep for the past four months. It was clear she was under a tremendous amount of strain.
Is it worth it to file a sexual harassment claim?
As she sat down, Marissa self-consciously crossed her arms in front of her. “To be honest, I don’t even know what I’m doing here,” she said nervously.
“I mean, can I even file a sexual harassment lawsuit? He’s just a big windbag. I was promoted into the finance department less than six months ago. Who’s going to even believe me?”
“Marissa, you shouldn’t have to navigate some sort of ‘sexual gauntlet’ just to put food on the table and pay the bills,” our lawyer said.
“Everyone deserves an environment they can work in without being afraid or hampered by harassment and discrimination. The Equal Employment Opportunity Commission, or EEOC, exists to enforce federal laws about workplace discrimination. You deserve justice and equality in the workplace.
“We can help you approach your employer the right way to protect your rights. And it sounds like it’s also a good time to seek support through the EEOC. This is best accomplished with the help of an experienced employment lawyer. We have what it takes to help you file a strong employment discrimination lawsuit.
“It’s clear that your rights, as well as your physical and emotional wellbeing, are in jeopardy in your current situation. We have the experience to help you find out if you’re entitled to economic and non-economic damages. You may also be eligible for punitive damages.
“We will fight to protect your rights. We’ll help you bring an end to the harassment while guarding against wrongful termination.
“Have you been keeping a record of the harassment?” The lawyer asked.
“Yes, I’ve been making entries into Evernote. Dates, times, places, what he said, when he touched me,” Marissa answered, her voice cracking.
“Good, make sure you note everything, including emails and texts. Even record any off-color jokes he tells in your presence.”
“That counts, too?” Marissa asked. “I’ve told him his jokes are inappropriate, but he doesn’t take me seriously. He just laughs and says, ‘You know it’s funny.’”
“If it makes you uncomfortable, definitely record it, and note each time you’ve asked him not to do it. You have the right to a harassment-free, innuendo-free workplace,” said the lawyer. “Did you report his behavior to anyone?”
“I spoke to another VP of Finance who discovered me crying in the ladies’ room last month. She works in the downtown division, and said she’d make some ‘theoretical’ inquires with Human Resources without using my name.
“A week later, she sent me an email suggesting I speak to someone in HR myself. I figured I could come in for a consultation and maybe you could tell me if that’s the best way to handle it. I’m just really uncomfortable making waves.
“I’ve started taking unpaid sick days because I’m too stressed and anxious to do my job,” Marissa was crying now in frustration. “You know, he even came to me last week and hinted he was willing move up my eligibility date for sick pay? He said I could, ‘work it off.’
“I spent my ‘sick’ days trying to sleep and looking for a new job. But the truth is, I love my job, I just can’t handle the harassment any longer,” Marissa said, twisting her hands together, knuckles white.
“I know I can’t go on like this, but I’m afraid I’ll make it worse by becoming a ‘whistleblower.’”
What if nothing changes, or the harassment gets worse?
“What if I file a claim and nothing changes?” she continued. What if he gets angry and makes my life even more miserable?
“You know, he actually followed me home one night last week. I was walking home after leaving the company gym and I saw his car at the curb. I pretended I didn’t notice him and ducked into a Starbucks a block away. Figured I could drink a latte and wait him out.
“Next thing I know, he walks through the door and up to the counter. I pretended to take a call and left while he was ordering, but twenty minutes later, my apartment buzzer sounded. I didn’t answer it,” Marissa said.
“Did you see him?”
“No, but I know it was him. He’s getting creepier by the day; it’s like he lives in this fantasy world in which I’m in love with him.
“But he only makes overtures in the office when no one else is looking. It will be my word against the Vice President of Finance,” Marissa said forlornly. “I feel like I’m losing my mind.”
“You were right to come to us, our lawyer said. “You cannot assume this is a problem that will go away on its own.
“We can provide you with guidance and support throughout the process of bringing a suit, Marissa. And we’ll give you the aggressive representation you need to defend your rights and obtain justice.
“Keep those records and be vigilant,” said the lawyer. “I strongly recommend you move forward as soon as possible. If necessary, there’s always a restraining order to consider.”
“I think I’m okay now on that; my boyfriend has pretty much moved in since the ‘Starbucks Incident,’ as we’ve come to call it. He wants to protect me, but I can’t have him picking a fight with my boss, either.”