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According to many investigations and reports, college students, particularly graduate students are at higher risk of being victims of sexual harassment. Moore & Associates is a Houston, Texas sexual harassment law firm that works with individuals who have suffered from harassment at work. Many graduate students are hired by universities as faculty members, researchers, lecturers, or teachers assistants, so they may be subject to the same kinds of robust protections individuals receive when facing workplace sexual harassment including protections under Title IX, a federal law that protects women against discrimination in education.

When it comes to graduate students, power dynamics and the small community of which many students are a part, contribute to the challenges that graduate students might face when it comes time to report sexual harassment. Graduate students often work with only one or two professors and they may rely on these professors for important recommendations that would allow them to further their teaching careers. Researchers who work under professors also rely on these professors for funding and for important recommendations to further their careers in science and in other fields. When a work relationship crosses the line, it can be difficult for a student to speak up because he or she could face reprisal or the loss of opportunities. According to WGBH, graduate students are more likely to be sexually harassed than undergraduates because of the close relationships these students have with their professors.

Universities have a responsibility to protect their students, especially graduate students from sexual harassment. While it can require immense courage to speak up, students who don’t speak up sometimes leave the field altogether, or face other career setbacks for their silence. Students who stick around or suffer in silence without speaking up may suffer psychologically. And they may still suffer career setbacks if they are punished for not engaging sexually with a professor who is behaving badly. Moore & Associates is a Houston, Texas sexual harassment law firm that may be able to help you if you are a graduate student, hired by a university or research department, and faced sexual harassment on the job.

What Can You Do If You Suffer Sexual Harassment in Graduate School

What can you do if you suffer sexual harassment in graduate school? First of all, because of the small community of researchers and scholars that compose many graduate programs, it can be very frightening for a graduate student to speak up against sexual harassment, especially if the harasser is an advisor. Students have reported that they have faced serious disadvantages and setbacks when they spoke up. What are some things you can do to protect your rights? According to Inside Higher Ed, here are some things to keep in mind:

• Record all instances of harassment. Keep all emails and text messages. Take notes of all phone calls and comments or conversations that make you feel uncomfortable. If there were witnesses, get their names and contact information. Take notes and names of anyone who witnessed what happened.
• Talk to your peers and to other faculty about your experience if you feel comfortable doing so. Because academia involves such a small community, having support can make an immense difference when it comes to stopping the behavior and when it comes to holding perpetrators accountable. Sometimes others in your department may already be aware that there is a problem.
• Be prepared to provide lots of evidence if you do plan to speak up. According to Inside Higher Ed, colleges and universities may strongly support a tenured professor, especially a “star” professor or one who brings in significant research grants for the institution. If you do choose to move forward with filing a complaint with your university, it may also be helpful to file a lawsuit. Filing a complaint can lead to difficulty in your academic or scientific career, so it may be helpful to have professional and personal support. A lawsuit against the university or department may be able to help you recover lost time and money. Lawsuits may also have the added benefit of giving other students who have been victims the courage to step forward. Of course, before taking any action that can impact your career, you may want to speak to a sexual harassment lawyer, like Moore & Associates in Houston, Texas.
• Consider speaking to the student union or to the graduate student union. These groups may be able to offer you additional support.

These are just some things to consider if you are facing sexual harassment in college. Taking steps to confront or hold an abuser accountable can take immense courage. But before you step forward, you may want to speak to a sexual harassment lawyer, like Moore & Associates in Houston, Texas that may be able to assist you. Our attorney can review your situation and help you plan a road map forward. Reach out to our firm today or connect with us through USAttorneys.com.

If you are an unpaid intern and face sexual harassment on the job, you may have rights under the law (though the rights protecting an intern may be more limited than those protecting an employee). Moore & Associates is a Houston, Texas sexual harassment law firm that may be able to help you seek justice if you suffered from sexual harassment on the job as an intern. Interns, unlike employees, don’t always enjoy the same benefits as full-time or hired workers. For example, interns may not enjoy federal anti-harassment protections, but you may be protected under Title IX protections if you are receiving university credit for the internship.

Why are interns particularly vulnerable to sexual harassment? For one, interns are unpaid. Secondly, interns are often reliant on the recommendations they receive from superiors; in fact, with most internships, the whole point is the connections an intern can gain from the experience. When interns are sexually harassed, they are often put in the uncomfortable position of speaking up and potentially losing important recommendations and connections, or suffering in silence. The important thing to remember is that no one should ever have to suffer sexual harassment on the job. Moore & Associates is a sexual harassment law firm that may be able to help you if you have suffered sexual harassment at work.

Interns are particularly vulnerable to sexual harassment. Why? Interns are at the bottom of the workplace chain of command. They basically answer to everyone. They are also young and inexperienced in workplace dynamics. They may be more vulnerable to manipulation. The currency with internships is connections and recommendations, both of which can be denied to an intern if she speaks up against a male harasser. Furthermore, young interns could be so disturbed by sexual harassment that they change career prospects believing that their encounter with one workplace environment or one employer or employee characterizes the field. Interns may be asked to sign non-disclosure agreements, as many interns at the U.S. Capitol do. All of these vulnerabilities can cause major damage for a young woman (or young man) just starting a career.

If you experience sexual harassment at an internship, you may have several options. For one, you may be able to approach the company’s human resources department with your concerns. Human resources may be able to take actions to protect you. Most interns work for college credit. The actual benefit that the student is receiving is in the form of a college credit. This means that your college or university may also have a role to play in protecting your interests if you suffer from sexual harassment at an internship for which you are getting college credit. You can also approach your college or university officials if a situation at an internship has turned concerning. Moore & Associates is a sexual harassment law firm in Houston, Texas that may be able to help   you seek damages if you have experienced sexual harassment in an internship and neither human resources nor your university could help you.

Steps to Take If You’ve Been Harassed in an Internship in Houston, Texas

If you’ve been sexually harassed at your internship, the steps you can take to protect your rights are similar to the ones you’d take if you were an employee. Documenting the harassment, keeping records of harassment, and informing human resources or your university about the harassment are some early steps you can take if you experience sexual harassment on the job. If there were others in the workplace or other witnesses to the harassment, get the names and contact information of these individuals so that you can add this information to your report. If your internship’s human resources department doesn’t help you or if your school doesn’t intervene, you may have the ability to pursue a sexual harassment lawsuit. Have questions about your rights and options? Reach out to Moore & Associates, a sexual harassment law firm in Houston, Texas today.

Speak to a Sexual Harassment Lawyer

A sexual harassment law firm in Houston, Texas may be able to assist you with your case. Moore & Associates are sexual harassment lawyers who can review your situation, help you understand your rights, and who may be able to help you seek damages if sexual harassment in your internship interfered with your educational progress or if you believe it interfered with your career. Some industries are very small and there are very few opportunities. Sexual harassment from even just one person could potentially impact the entire trajectory of a person’s career. The sexual harassment law firm of Moore & Associates in Houston, Texas may be able to help you. Contact us today or connect with USAttorneys.com to get matched with one of our lawyers today.

With more people than ever working from home, some people might wrongfully think that reports of sexual harassment will be decreasing. Unfortunately, sexual harassment can take place digitally as well as in person, and individuals who have suffered from sexual harassment on the job (even while working from home) may have options and rights when it comes to reporting and responding to sexual harassment while working from home. Other workers might find themselves exposed to more instances of sexual harassment than ever. For example, service workers who are now returning to their jobs, might find themselves facing more unwanted advances from customers than ever before, as many people emerge from quarantine for the first time. Employers have a responsibility to protect workers from sexual harassment and unwanted advances from customers and clients, and employers have a responsibility to take action against sexual harassment, even if it takes place digitally. Moore & Associates is a sexual harassment law firm in Houston, Texas that works with victims who have had to leave jobs, have had career setbacks, and who have faced damages due to sexual harassment.

Understanding How Online Work Can Lead to Sexual Harassment

How can the shift to online work lead to new instances of sexual harassment? Women who work online could face stalking, bullying, and if they post information publicly to a workplace social media account or have a public profile, they could sometimes run the risk of receiving sexually explicit messages or e-mails. Employers have a responsibility to address sexual harassment when it occurs. Sometimes this can be as simple as blocking online users who are sexually harassing workers, and sometimes it can mean addressing instances of stalking or online violence against workers. Sometimes co-workers engage in this kind of behavior. If a co-worker or manager is sending sexually explicit or offensive e-mails or text messages, you have the right to ask that this stop. Your workplace should have a specific policy prohibiting sexual harassment on online work forums and in e-mails, messages, or video conferences. Online harassment can often be easier to prove, because there will often be a written record of messages or e-mails. However, because communications are happening online or through text, it is also more likely that comments might be taken out of context.

If you experience sexual harassment on the job while working from home during the COVID-19 pandemic, the process for addressing the harassment is still similar to the process you’d take when addressing sexual harassment in the office. It is important to let the person who made the sexually harassing comment know that you don’t appreciate the behavior. Record and document the instance. Take screen shots, save e-mails. Finally, report the incident to human resources. Usually these steps are sufficient to stop sexual harassment in its tracks. But what if sexual harassment continues? If human resources fails to take steps to stop sexual harassment on the job, victims may suffer from a range of issues. Some may end up leaving the job, or ask to be moved to another department, or may experience career setbacks. This can be costly for victims and for their careers. If you believe your employer failed to address sexual harassment, you may have certain rights under the law. For example, you may be able to make a formal government complaint and you may have the right to seek damages for your losses stemming from your employer’s failure to address the harassment. If you have questions about your rights if you have experienced sexual harassment on the job, the sexual harassment lawyers at Moore & Associates in Houston, Texas may be able to help you. Contact our attorneys today to learn more about your rights and the next steps you may be able to take under the law.

Remote Sexual Harassment is Still Sexual Harassment

Digital sexual harassment can be just as devastating as sexual harassment that takes place in person. It can feel like an invasion of your space, interfere with your ability to perform on the job, and even affect your career. In the era of COVID-19, the workplace has changed dramatically for many of us. Many are working from home and many others are finding themselves returning to work in a changed work environment. However, the rules regarding sexual harassment on the job have not changed. A hostile work environment is still problematic, even if you are working from home. Moore & Associates is a sexual harassment law firm in Houston, Texas that works with individuals who have suffered from sexual harassment on the job. If you have experienced sexual harassment, you are not alone. Moore & Associates may be able to help. Reach out to our attorney today or connect with USAttorneys.com to get matched with Moore & Associates.

According to the Houston Chronicle, 5,000 meat-packing plant workers across the country have fallen sick with COVID-19 and 20 people have died. Experts have already noted that it can be very tough to contain coronavirus outbreaks in meat packing plants. President Trump used the Defense Production Act to get meat packing workers back to work, but it isn’t clear what steps meat packing plants will be required to take to protect workers. Meat packing plants are designed so that workers render animals into meat in close quarters. While the CDC has called for spacing workers six feet apart, installing barriers between workers, and providing workers with protective equipment, there don’t appear to be options for workers to complain to OSHA (the U.S. Occupational Health and Safety Administration) when meat packing plants or when employers in general don’t provide workers with the equipment or rules they need to stay safe.

According to ProPublica, over 4,000 workers across the country have complained to OSHA, claiming that their employers have not taken sufficient steps to protect them from contracting the coronavirus. While 27% of complaints came from workers in the health care industry, the remainder of the complaints came from workers in other industries. Even while health care workers remain protected with safety standards, other workers remain unprotected and there remain no official safety standards in place to ensure that other essential workers are protected.

Workers in various industries have complained that either employers weren’t ensuring that workers were at least 6 feet apart, that workers weren’t being provided with hand sanitizer, or that workers weren’t given the proper protective gear they need to be safe. To make matters worse, CDC guidelines haven’t always been in alignment with guidance provided by scientists and epidemiologists. For example, though people can spread the coronavirus when they are not symptomatic, the CDC says that workers can return to work even if they have been exposed to the coronavirus as long as they are not symptomatic.

Furthermore, unless multiple people in a place of work get sick, the OSHA is not investigating whether some COVID-19 case clusters might have originated at the workplace. Furthermore, OSHA has said that it will not formally handle coronavirus complaints unless the complaints are related to healthcare workers. Alarmingly, employers are only being asked to look for the CDC for guidance, but then to use their discretion regarding which standards to implement.

Furthermore, workers may struggle to take time off if they are sick, even though laws have been passed to encourage workers and permit workers to take paid sick leave due to the coronavirus. If you are a worker who is struggling to take paid sick leave, struggling to get paid for sick leave, or got sick because your employer isn’t complying with coronavirus laws and CDC suggestions, consider reaching out to the employment law firm at Moore & Associates in Houston, Texas. Our employment law firms are here to help. Reach out to us today or connect with our lawyer by reaching out to USAttorneys.com to get matched with the employment lawyers at Moore & Associates.

Even during these uncertain times, Moore & Associates continues to provide the same level of service that our clients and prospective clients deserve.  Our top priority is to serve our clients and the community.

Moore & Associates continues to work on current cases, visit with prospective clients and take on new cases.  If you or a family member needs to speak with one of our attorneys about any type of employment situation, call us at 713-222-6775 or click on the link below to provide us information about your situation and how we can contact you.

If your employer is not allowing you to take advantage of the new laws put in place as a result of the COVID-19 pandemic; is discriminating against you; or not paying you properly contact Moore & Associates.  Our job is to protect you in the workplace.

 

The Families First Coronavirus Response Act significantly expands paid sick leave and family medical leave. Eligible employees who work for eligible employers may be able to take up to two weeks paid sick leave at their regular rate of pay if the employee is seeking medical treatment for Covid-19 or if the employee has been quarantined. Eligible employees may also be able to take two weeks paid sick leave at two-thirds their regular rate of pay to care for a sick family member or child. Under the act, eligible employees who work for eligible employers may also be able to receive up to 10 weeks paid leave at two-thirds their regular rate of pay to care for a child who cannot attend school because their school has been closed or child care providers are unavailable due to Covid-19, for a maximum of up to 12 weeks, including the other provisions of the act.

If you’ve been impacted by the coronavirus and have had to take time off work to heal, have had to take time off work to care for a sick family member or child, or have had to take time off work to provide childcare to a child who cannot attend school or day care because of closures, here are the provisions that the new act provides:

• Two weeks paid sick leave at your regular rate of pay (up to 80 hours) if you get sick with the coronavirus or need to self-quarantine
• Two weeks paid sick leave at two-thirds your regular rate of pay (up to 80 hours) if you need to care for an individual who is sick with the coronavirus.
• Up to ten weeks paid leave at two-thirds your rate of pay if you have had to stay home to care for a child whose school has been closed or whose day care has been closed due to the coronavirus. (Up to twelve weeks are available, because the employee may be able to stack the ten weeks’ pay with the additional two weeks provided above)

The law applies to employers with fewer than 500 workers and the paid expanded family medical leave only applies to workers who have been working for a company for at least 30 days. If a business has fewer than 50 employees, and meeting these requirements would result in the closure of the business, the employer may be exempt. Workers who plan to take paid sick leave must also properly inform their employer that they plan to take this leave.

When does an employee qualify for paid sick leave under the act? If you are unable to work from home or telecommute, you may qualify. Here are the conditions:

• You have been quarantined due to a local, state, or federal quarantine or isolation order due to Covid-19.
• Your health care provider has asked you to quarantine due to Covid-19.
• You are seeking medical treatment for Covid-19.
• You are caring for a person who meets the three criteria points above.
• Or, you are caring for a child whose school or child care provider has closed due to Covid-19.

Paid sick leave benefits are capped under the act. Under the act, if you are taking paid leave because you are sick, quarantined, or are seeking medical treatment, you are entitled to receive 80 hours of minimum wage pay, or pay at your regular rate of pay (whichever is higher), up to $511 per day, for a total of $5110. If you are taking paid leave to care for a sick family member, you are entitled to 2/3 your regular rate of pay, or 2/3 the minimum wage (whichever is higher), up to $200 per day, up to $2000 total. And if you are taking paid expanded medical leave, you can receive 2/3 pay at your regular rate of pay or the minimum wage (whichever is higher), up to $200 per day, or $12,000 over a 12-week period of leave for childcare.

How will employers be compensated for these costs? According to the IRS, employers who are normally required to deposit withheld federal taxes and Social Security and Medicare taxes may be able to retain the amount of money equal to the paid sick leave provided to employees. The taxes an employer may be able to retain includes “federal income taxes, the employee share of Social Security and Medicare taxes, and the employer share of Social Security and Medicare taxes.” Further guidance will be provided by the IRS soon and the IRS notes that if retaining these taxes isn’t sufficient to cover costs, employers may be able to request accelerated payments from the IRS to cover the cost of paid sick leave.

Moore & Associates is an employment law firm in Houston, Texas that is closely watching this situation. If you have questions about your rights as an employee or how this situation applies if you are an employer, our employment law firm is here to help. There are many exclusions, grace periods, and other provisions within the act. Our lawyers are watching the situation unfold and are here for you.

 

 

 

The coronavirus (COVID-19) pandemic has changed life as we know it in America. As a result, schools have shut down, businesses have closed, and many major events have been cancelled across the nation and in Houston. Many people have been asked to work from home. Others have been making unemployment claims in record numbers. This story is constantly developing. The coronavirus relief package passed by the government includes provisions for paid sick leave if workers need to take time off because they are sick from the coronavirus or because they need time to care for a family member or loved one who has become sick. But what is or isn’t covered under the coronavirus relief law? Who is covered?

The New York Times reports that the coronavirus relief law provides up to two weeks of paid sick leave to workers who become ill with the coronavirus or workers who have been asked to quarantine because of the virus. The relief law gives two weeks of paid leave to workers who are caring for family members who have become sick and it gives 12 weeks of paid leave to workers who need to take time to care for children because of school closures.

However, the new law only protects some workers. Those who employ more than 500 workers may be exempt from providing paid sick leave, and companies with fewer than 50 employees may be able to claim exemption if paying for sick leave would put the company out of business. Workers who are employed at mid-size companies and government workers would qualify to receive paid sick leave. Fortunately, larger companies which are exempt from the paid sick leave law may already offer their workers some form of paid sick leave, so workers who don’t believe they qualify under the new law, should speak to their company’s human resources department.

Self-employed workers can also claim coronavirus sick leave by calculating the amount of money they would earn a day, and claiming the daily earning amount as a tax credit, up to the permitted limits. These workers may be able to take the tax credit by paying less in quarterly taxes, and this credit can also save them money in taxes when they file.

Going to work while sick puts other workers at risk and the general public at risk. By providing paid sick leave to the American workforce, the new law, gives workers and employers a way to ensure that those who shouldn’t come in to work don’t infect others around them. If you have questions about whether you qualify for paid sick leave, are being denied paid sick leave that you believe you should receive, or have other questions about employment law, reach out to Moore & Associates, a Houston, Texas employment law firm today. Or, reach out to USAttorneys.com to get connected with Moore & Associates.