Same-Sex Harassment in Texas

Same-sex harassment is a big problem. Harassment can come from anyone, even by others of the same gender as you. Society accepts that harassment is a negative phenomenon. However, getting help for same-sex harassment can be difficult.

Courts don’t seem to view same-sex harassment the same way as other forms of harassment. There are sometimes issues with proving context. A male saying one thing can mean something different than a female saying it. That can make same-sex harassment hard to prove.

This doesn’t mean that your experience wasn’t hard. It just means the courts have different rules for how to treat same-sex harassment. You should work with a sexual harassment lawyer in Beaumont, TX. They know how the courts will react to your situation, and what evidence to provide. They can work with you to get the best results for your case.

What is same-sex harassment?

Often, when we think of harassment, it is between a male and a female. This can often happen with males in positions of power. They may specifically target and sexually harass female employees. But there are times when this is different. Harassment may also be between those of the same sex.

Same-sex harassment will make you feel attacked. There may be comments or rude gestures. This may even escalate to unwanted touching.If you’re a victim of same-sex harassment, you need help. It’s hard to prove this kind of harassment. Even with evidence, the Texas Supreme Court doesn’t make it easy. A sexual harassment lawyer in Beaumont, TX is a great option. They can handle your case, and ensure you get the best results.

How to prove same-sex harassment

Proving same-sex harassment is very different from proving opposite-sex harassment. Same-sex harassment is much more challenging. The inference of comments is different between those of the same gender. Something may seem sexual between a male and female, but not seem sexual in the context of male-to-male or female-to-female interactions.

If a female offender is a woman, there may be a different assumption about the meaning of her comments towards a female victim. It’s often assumed there is a lack of sexual desire, and that the woman’s remarks are meant to mean. A male, on the other hand, will be assumed to be acting out his sexual desire.

Proving sexual desire is not your only way of proving harassment based on your gender. This is good news. You can also prove there was hostility towards a particular gender at work. If others were treated the same way, this can help bolster your case.

Keep records of any incidents that make you feel harassed. Ask the offender to stop. If they do not, report to your Human Resources department so that they have a chance to help. This will help created a trail of evidence that will support your case against the offender.

The Texas Supreme Court Ruling

In 2018, the Texas Supreme Court addressed at same-sex harassment. A female gym teacher was the defendant in a case claiming that another female harassed her. There were comments made about her body parts. These comments made her feel targeted sexually.

The justices were dived six to two. The two who voted in favor of the prosecution asked what would happen if the offender were male. They felt the court would have voted differently. The majority voted to not continue the lawsuit. This was mainly because there was little evidence she was mistreated due to gender.

For some, this is a blow against legitimate cases of same-sex harassment. But this ruling shows how difficult the issue of same-sex harassment can be. It remains to be seen where future cases and precedents will lead as social understanding of this issue evolves.

This doesn’t mean that your same-sex harassment case is over. If you have experienced harassment from someone of the same sex, you should know understand what recourse you have. One court case doesn’t close the door for everyone. You should talk to a sexual harassment lawyer in Beaumont, TX. Even if your case is challenging, you deserve a chance at getting justice.

Same-sex harassment is treated differently in Texas. It is harder to pin down. The way words are used mean different things. But it can still hurt, and your voice should be heard. If you are a victim, contact us at Brent Coon and Associates. We will handle your case with sensitivity and care. Our team knows the laws about harassment, and that includes same-sex harassment. If you need a sexual harassment lawyer in Beaumont, TX, contact us today.