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Legal Causes of Action for victims of Sexual Harassment in Texas


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Legal causes of action for victims of sexual harassment in Texas independent of EEOC claims. What women can do to sue the owners of Texas businesses and employers who sexually harass, grope, or fondle them. A unique approach to suing sexual predators by a former police chief who has been practicing law for over 30 years!

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Legal Causes of Action for victims of Sexual Harassment in Texas

  1. 1. Legal Remedies for Victims of Sexual Harassment in Texas © Attorney Kevin R. Madison Former Chief of Police Former Assistant District Attorney Trained TAASA Victim Advocate Highest Rating for Ethics and Competence* Principal Office located in Austin, Texas Cases handled throughout the State of Texas *Martindale Hubbell Legal Directory – anonymous rating by Attorneys and Judges 1
  2. 2. What this Slideshare Presentation will educate you about Texas laws  Identifying civil causes of action available to victims of Sexual Harassment  Understanding the benefits of civil causes of action  Understanding the differences in burdens of proof in civil cases as opposed to criminal cases  Understanding and Reviewing “Statutes of Limitations”  Identifying Damages that crime victims may be able to recover 2
  3. 3. We do not handle EEOC Cases at The Law Offices Of Kevin R. Madison in Austin, Texas Many victims of Sexual Harassment in Texas are eligible to pursue claims as Sexual Discrimination (1964 Civil Rights Act) against their employers for Sexual Harassment if the employer employs 15 or more employees. These cases have very short limitation periods and you should not waste any time contacting an EEOC specialist attorney about these claims. 3
  4. 4. Sexual Harassment Cases that we handle at The Law Offices Of Kevin R. Madison in Austin, Texas Our office accepts many cases throughout Texas that involve Sexual Harassment if: 1.The Employer gropes or touches a female employee; 2.The Employer is the owner or President of the company; or is a professional (doctor, lawyer, banker, CPA, etc.) 3.The Employer and illegal conduct occurred in Texas; 4.The Employee has not pursued the claim already through Equal Employment Opportunity Commission (EEOC) We also accept cases where an employer does not touch or grope the employee if the conduct is lewd and outrageous. 4
  5. 5. A Unique Approach to Sexual Harassment Cases in Texas Attorney Kevin Madison is a former CHIEF OF POLICE, CRIMINAL INVESTIGATOR, and ASSISTANT DISTRICT ATTORNEY. Attorney Kevin R. Madison has over 30 years of experience as a litigation attorney and over 25 years of experience as a Judge and State Magistrate. Attorney Kevin R. Madison carries the Highest Rating of “AV” by Martindale-Hubbell Legal Directory for Ethics and Legal Competence. Mr. Madison uses his law enforcement training and experience to assist victims of: Sexual Harassment by Employers who own the business (not co-workers or Managers) Groping or Unwanted Touching by Employers who own the business (not co-workers or Managers) Sexual Exploitation of Patients by Doctors, Psychiatrists, Therapists, Dentists, Clergy, and Lawyers Sexual Assault and Date Rape Physical Assaults 5
  6. 6. Criminal Process • • • • • • • • • Report to Law Enforcement Police Investigate Case Presentation to Grand Jury Grand Jury Indicts (or “No Bill”) Criminal Trial Process Begins Months of Time or Years Pass Court Re-sets and Continuances Trial or Plea Bargain Agreement Dismissal of Hard to Prove Cases 6
  7. 7. Civil Litigation...Why?  Catharsis- Regaining Control for Victim  Public awareness of Sexual Abusers  Possibility of Settlement or Judgment  Faster Track than Criminal Case  Don’t have to wait until Criminal Case is Over  Easier Burden of Proof: Preponderance of the Evidence 7  Monetary Damages
  8. 8. BURDEN OF PROOF ... is the level of proof required in a legal action required to prove the allegation asserted. Beyond a Reasonable Doubt: the highest level of proof, required in all criminal trials in the United States. Defendant presumed innocent. Clear and Convincing Evidence: The next highest level of proof, used in family law curt cases- the high standard required to terminate a parent-child relationship. Preponderance of the Credible Evidence: the lowest level of proof, used mainly in civil trials; typically means “more likely than not.” All that is required is to tip the scales 8
  9. 9. BURDEN OF PROOF In civil cases the scales are even, unlike in the criminal arena, where the defendant is presumed innocent and scales are tipped for defendant at the start of the trial. All is takes to prevail in the civil justice system is to tip the scales in favor of the plaintiff. A 51% to 49% (more likely than not) weight of the credible evidence will win. 9
  10. 10. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Elements: Defendant Acted Intentionally or Recklessly Conduct “EXTREME & OUTRAGEOUS” Conduct Caused Victim’s Emotional Distress & Plaintiff’s Emotional Distress was “SEVERE” 10
  11. 11. Intentional Infliction of Emotional Distress Statute of Limitations: Two (2) Years from the date of the Occurrence Actual Damages:Mental Health Counseling Bills Mental Anguish & Physical pain Lost Wages + Punitive Damages 11
  12. 12. “Intentional Infliction of Emotional Distress” cases that our law firm has settled Employee Job Recruiter locked door to interview room and sexually harassed prospective female employee. Employer sending lewd text messages and obscene photos to female employee Doctor Employer repeatedly commented on employee’s breasts and buttocks 12
  13. 13. SIMPLE ASSAULT Texas Penal Code, Section 22.01 Defendant Intentionally, Knowingly, or Recklessly made offensive or provocative contact with Victim Statute of Limitations: Two (2) Years TCPRC, Sec. 16.003(a) Actual Damages: Mental Health Counseling Bills Mental Anguish & Physical pain Lost Wages + Punitive Damages 13
  14. 14. SIMPLE ASSAULT Texas Penal Code, Section 22.01 Employer groped female employee’s breast first week on the job Groping Case Against U.T. Graduate Student filed in October 2008 14
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  16. 16. Sexual Harassment • We think outside “the box” • We file suit under “common law” causes of action • Intentional Infliction of Emotional Distress • If there is improper touching, we pursue “Assault by Contact” cause of action 16
  17. 17. ASSAULT WITH BODILY INJURY Texas Penal Code, Section 22.01 Defendant causes Bodily Injury to another. Statute of Limitations: Actual Damages: Two (2) Years TCPRC, Sec. 16.003(a) Medical Bills Mental Health Counseling Bills Mental Anguish and Physical pain Physical Impairment Lost Wages Punitive Damages: The greater of: (1) 2x economic Damages + non-economic damages award: or $200,000. 17
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  19. 19. NON-DISCHARGEABILITY IN BANKRUPTCY PROCEEDINGS 11 USCS § 523(a)(6) §523. Exceptions to discharge (a) A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title [11 USCS § 727, 1141, 1228(a), 1228(b), or 1328(b)] does not discharge an individual debtor from any debt-(6) for willful and malicious injury by the debtor to another entity or to the property of another entity; 19
  20. 20. All Cases are Contingency Fee  Attorneys who handle Personal Injury and Sexual Harassment Cases normally do not charge hourly fees or retainer fees. We handle these cases the same way we handle Personal Injury cases – if we obtain a money recovery for you, we get paid a percentage of the recovery plus our out of pocket costs.  We accept cases throughout most parts of Texas.  Our fees are contingent on obtaining a settlement for the Client. If no recovery – client owes nothing! Not even out of pocket costs. Response to an email or telephone call does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail, my response to your email, nor telephone calls will create an attorney-client relationship. E-mails will not necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorneyclient relationship. Until we have a written legal services contract, we do not represent you. 20
  21. 21. Contact Information: Attorney Kevin R. Madison 2802 Flintrock Trace, Suite 257 Austin, TX 78737 (512) 708-1650 Office 21