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Sexual Harassment

You don't have to tolerate it.

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.

The Basics

Two kinds of sexual harassment

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:

1. Quid Pro Quo ("This for That")

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.

2. Hostile Work Environment

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.

What It Can Look Like

Conduct that may cross the line.

  • Unwanted touching, groping, or blocking your path
  • Repeated sexual comments, jokes, or questions
  • Explicit messages, texts, images, or emails
  • Pressure for dates or sexual favors
  • Threats or job consequences for saying no
  • Comments about your body or appearance
  • Being fired or demoted after you reported it
  • Conditions so hostile you were forced to quit
Fired or Forced Out

Where harassment meets discharge

Our practice focuses on cases where harassment cost you your job. That happens in three common ways, and each can be a claim:

  • Fired for refusing a supervisor's advances (quid pro quo)
  • Fired in retaliation for reporting harassment to HR or management
  • Constructive discharge — forced to resign because the harassment was so severe and the employer did nothing to stop it

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.

Your review is confidential.

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.

Common Questions

Sexual Harassment FAQ.

Do I have to have reported it to HR first?

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.

The harasser was a coworker, not my boss. Is the company still liable?

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.

I quit because I couldn't take it anymore. Did I give up my claim?

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.

Will my case become public?

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.

What will it cost me?

Nothing upfront. We work on a contingency fee and advance the costs of your case. We are only paid if we recover for you.

You Deserve to Be Heard

Tell us what happened — privately.

The review is free, confidential, and comes with no obligation.