No one should have to choose between their job and their dignity. If you were harassed, fired for rejecting advances, or forced to quit an intolerable workplace, Brett Duke will hold the harasser and the employer accountable — with discretion and respect for what you've been through.
Sexual harassment is a form of sex discrimination prohibited by Title VII and the New Mexico Human Rights Act. It generally takes one of two forms:
A supervisor or someone with authority conditions a job benefit — a promotion, a raise, keeping your job — on submitting to sexual advances. Being fired, demoted, or denied opportunities for refusing is unlawful.
Unwelcome sexual conduct — comments, touching, messages, images, propositions — that is severe or pervasive enough to make the workplace abusive. It can come from a boss, a coworker, or even a customer the employer fails to control.
Our practice focuses on cases where harassment cost you your job. That happens in three common ways, and each can be a claim:
Employers are often legally responsible not just for the harasser's conduct, but for failing to prevent or promptly correct it once they knew or should have known.
These cases are personal, and we treat them that way. Your conversation with us is private and comes with no obligation. If it's safe to do so, keep any messages, your report to HR, and the names of anyone who witnessed what happened.
You control the pace. We're here when you're ready.
Not always, but reporting can strengthen your case and it affects the employer's defenses. Even if you didn't report, you may still have a claim — especially if you feared retaliation.
Often, yes. An employer can be liable for coworker harassment if it knew or should have known about it and failed to take prompt, effective action to stop it.
Not necessarily. If the harassment was so severe or pervasive that any reasonable person would have felt forced to resign, that can be a constructive discharge — treated much like a firing.
We handle these matters with discretion. Many claims resolve confidentially. We'll explain your options and never push you into anything you're not comfortable with.
Nothing upfront. We work on a contingency fee and advance the costs of your case. We are only paid if we recover for you.
The review is free, confidential, and comes with no obligation.