What Is Hostile Work Environment Sexual Harassment in Texas?

Hostile work environment sexual harassment in Texas occurs when unwelcome sexual conduct is severe or pervasive enough to create an abusive, intimidating, or offensive workplace. Unlike quid pro quo harassment where someone demands sexual favors for job benefits, hostile environment focuses on whether sexual conduct creates working conditions so intolerable that they interfere with your ability to do your job.

Here’s what makes Texas different: Texas has no separate state law that provides stronger protections than federal law. Your rights come from federal Title VII of the Civil Rights Act and the Texas Commission on Human Rights Act (TCHRA), which essentially mirrors federal standards. This means Texas workers face shorter filing deadlines and more employer-friendly courts than workers in states like California or New York.

If you’re experiencing repeated sexual comments, inappropriate touching, sexually explicit materials in your workplace, or other sexual behavior that makes your job unbearable, you need to understand Texas law and act quickly.

Why Texas Law Matters for Hostile Work Environment Claims

Texas relies almost entirely on federal law for hostile work environment protections, with one major exception for sexual harassment.

IMPORTANT 2021 UPDATE: As of September 1, 2021, Texas TCHRA was amended to provide broader coverage specifically for sexual harassment claims:

TCHRA sexual harassment claims now apply to employers with 1 or more employees (not 15+)
This means Texas provides STRONGER protection than federal Title VII for sexual harassment at small employers
Other TCHRA discrimination claims (race, age, disability) still require 15+ employees

For employers with 15+ employees: TCHRA and Title VII both apply and use the same legal standards for hostile work environment harassment.

This creates critical realities for Texas workers:

Shorter state filing deadline: You have only 180 days to file with the Texas Workforce Commission (TWC), compared to 300 days for the federal EEOC. Most Texas workers should file with the EEOC to preserve the longer deadline.

Federal law is your primary protection: Title VII provides your main legal recourse. TCHRA doesn’t enhance your rights beyond what federal law already offers.

Employer-friendly courts: Texas state and federal courts tend to favor employers more than courts in California or New York. You need strong evidence to succeed.

No individual liability: You cannot sue your harasser personally under TCHRA. Only employers can be held liable. This differs from New York, where supervisors face personal liability.

No mandatory training: Texas has no statewide requirement for sexual harassment training, though some employers provide it voluntarily.

Understanding these limitations helps you navigate the system strategically and maximize your legal protections.

The Legal Standard: What Makes a Work Environment “Hostile” in Texas?

Not every rude comment or uncomfortable interaction creates a hostile work environment. Texas courts apply federal standards that require specific legal elements. Understanding what qualifies helps you evaluate your situation.

The Five Required Elements

To prove hostile work environment sexual harassment in Texas, you must show:

1. The conduct was unwelcome

You didn’t invite, encourage, or consent to the sexual behavior. Unwelcome conduct includes comments you laughed at uncomfortably or advances you initially tolerated before objecting. What matters is that you didn’t want the conduct to occur.

2. The conduct was based on sex

The harassment targeted you because of your sex or gender. This includes harassment of women by men, men by women, same-sex harassment, or harassment based on gender identity. Sexual conduct inherently relates to sex.

3. The conduct was severe or pervasive

This is where most cases are won or lost. The harassment must be serious enough that a reasonable person would find the work environment abusive. Texas courts follow federal standards: conduct must be either severe enough that one incident creates liability, or pervasive enough that a pattern of conduct creates an abusive environment.

4. The conduct affected your employment

The harassment must alter your working conditions. It doesn’t need to cause a tangible job action like firing or demotion. Creating an intimidating, hostile, or offensive environment is enough. The conduct must interfere with your ability to perform your work.

5. The employer is liable

Your employer must have known or should have known about the harassment and failed to take prompt, appropriate corrective action. For supervisor harassment, different liability standards apply depending on whether a tangible employment action occurred.

What “Severe or Pervasive” Means in Practice

Texas courts use the “or” standard—conduct must be either severe OR pervasive. You don’t need both.

Severe conduct is serious enough that a single incident creates a hostile environment. Examples include:

Sexual assault or attempted assault
Extreme sexual propositions with graphic details
Physical sexual contact like groping
Exposure of genitals
Threatening sexual violence

These acts are so serious that one occurrence can violate the law.

Pervasive conduct involves repeated behavior that, taken together, creates a hostile environment. Individual incidents might seem minor, but the pattern creates an abusive atmosphere. Examples include:

Daily sexual jokes over months
Weekly inappropriate touching
Constant sexual comments about your body
Regular display of pornographic materials
Repeated unwanted sexual advances

Reality check for Texas workers: Texas courts tend to require more evidence of severity or pervasiveness than California or New York courts. What California might consider pervasive, a Texas court might view as merely unpleasant. You need clear, well-documented evidence showing the conduct was truly severe or created a sustained pattern.

Objective and Subjective Standards

Texas law requires both objective and subjective harm, following federal standards.

Subjective standard: You must have actually perceived the environment as hostile. You can’t claim harassment for conduct you welcomed or didn’t find offensive at the time.

Objective standard: A reasonable person in your position must also find the conduct hostile or abusive. This prevents liability for minor annoyances that don’t truly create a hostile environment.

Courts consider the totality of circumstances, including:

Frequency of the conduct
Severity of the conduct
Whether it was physically threatening or humiliating
Whether it unreasonably interfered with work performance

Common Examples of Hostile Work Environment in Texas Workplaces

Hostile work environment harassment takes many forms in Texas workplaces. Recognizing these patterns helps you identify illegal conduct.

Sexual Comments and Verbal Harassment

These verbal behaviors can create hostile environments when severe or pervasive:

Repeated comments about your body, appearance, or attractiveness
Sexual jokes, innuendos, or explicit stories told in your presence
Comments about your sex life or sexual orientation
Asking intrusive questions about your dating life or sexual activities
Making sexual sounds, whistling, or catcalling when you walk by
Discussing sexual fantasies or desires involving you
Sex-based insults or derogatory names
Rating your attractiveness or comparing you sexually to coworkers
Comments about what you’re wearing in a sexual context
Speculation about your sexual activities or preferences

Texas example: A warehouse worker in Houston endured daily sexual jokes and comments about women’s bodies from male coworkers over 10 months. She complained to her supervisor three times. He told her to “lighten up” and “take a joke.” The constant barrage of sexual comments, combined with the employer’s failure to take corrective action, created a hostile environment.

Unwanted Physical Contact

Physical sexual conduct is often severe enough to create liability even without a pattern:

Unwanted touching, hugging, kissing, or patting
Brushing against you repeatedly or “accidentally” in sexual ways
Blocking your movement or cornering you
Inappropriate massages or back rubs
Touching your hair, face, or body without permission
Standing too close or invading personal space in a sexual manner
Touching clothing or adjusting your appearance without permission
Grabbing, groping, or fondling

Texas example: A restaurant server in Dallas was repeatedly touched on the lower back and shoulders by a manager who stood too close when talking to her. When she moved away, he followed and continued touching her. This happened 3-4 times per week over four months. She reported to the owner, who said the manager was “just friendly.” The pattern of unwanted touching created a hostile environment.

Display of Sexual Materials

Visual harassment creates hostile environments when it’s pervasive or severe:

Displaying pornography or sexually explicit images in work areas
Sending sexual emails, texts, or messages
Sharing sexual memes or videos in group chats
Posting sexual images in break rooms, bathrooms, or common areas
Sexual graffiti or drawings
Lewd gestures or sexual sign language
Staring at body parts in a sexual manner
Showing pornography on phones or computers

Texas example: A construction worker in San Antonio faced constant exposure to pornographic images that male coworkers displayed on their phones and shared in group texts. Sexual images were posted in the break trailer. She complained to her foreman, who said “this is a construction site, not a church.” The pervasive sexual imagery created a hostile environment.

Unwanted Sexual Advances

Repeated sexual propositions can create hostile environments even without job threats:

Asking you out repeatedly after you’ve said no
Making sexual propositions or requests for sexual activities
Following you around the workplace or to your car
Showing up at locations where you are
Giving unwanted gifts with sexual or romantic overtones
Creating excuses for one-on-one meetings with sexual undertones
Sending love letters, poems, or romantic messages after rejection
Calling or texting you outside work hours about non-work matters

Texas example: A medical office receptionist in Austin was repeatedly asked out by a physician who worked in the building. She declined multiple times. He continued asking, waiting by her car, and sending her gifts. She reported to her supervisor, who told her to “handle it yourself.” The persistent unwanted advances, combined with the employer’s failure to intervene, created a hostile environment.

Gender-Based Hostility

Sexual harassment includes gender-based hostility that targets you because of your sex:

Comments that women don’t belong in your industry or job
Excluding you from meetings, opportunities, or conversations because of your sex
Making sexual jokes specifically to embarrass or humiliate you
Questioning your competence based on gender stereotypes
Treating you differently than opposite-sex coworkers in sexual ways
Making pregnancy or childbearing comments
Comments about what women should or shouldn’t do

Texas example: A female oil field worker in Midland faced constant comments that “women don’t belong on rigs.” Male coworkers made sexual jokes about her, excluded her from safety briefings, and questioned her competence. When she complained, her supervisor said she needed to “toughen up.” The gender-based hostility combined with sexual comments created a hostile environment.

What Does NOT Typically Qualify as Hostile Environment Harassment

Not every uncomfortable workplace interaction violates Texas law. Understanding what doesn’t qualify helps you evaluate your situation realistically.

Isolated minor incidents usually don’t meet the legal standard. One off-color joke, a single awkward comment, or an isolated uncomfortable compliment typically isn’t enough. Texas courts require either severity or pervasiveness. One minor incident is usually neither.

Mutual flirtation or consensual relationships don’t create hostile environments. If you welcomed the conduct, participated in sexual banter, or encouraged romantic attention, it’s not harassment. The key is whether the conduct was unwelcome. Changing your mind later doesn’t make prior consensual conduct retroactively harassing, though you can make clear that future conduct is unwelcome.

Gender-neutral rudeness isn’t sexual harassment. A boss who yells at everyone equally isn’t creating a sexually hostile environment. The harassment must be sexual in nature or based on sex. General workplace incivility, while unpleasant, doesn’t violate Title VII or TCHRA.

Reasonable employment actions aren’t harassment even if they feel unfair. Being disciplined, receiving poor performance reviews, or being denied promotions isn’t harassment unless it’s because of your sex or in retaliation for reporting harassment. Legitimate business decisions don’t create hostile environments.

Romantic interest expressed once respectfully doesn’t create a hostile environment. If a coworker asks you out once, accepts your “no,” and doesn’t pursue it further, that’s not harassment. Harassment requires unwelcome conduct that continues after you’ve indicated it’s unwanted.

Texas reality check: Texas courts and juries tend to view workplace conduct through a “toughen up” lens, especially in traditionally male-dominated industries like construction, oil and gas, or manufacturing. What would be considered hostile in California might be dismissed as “locker room talk” in Texas. This doesn’t make it legal—federal law still applies—but it means you need particularly strong evidence to prevail in Texas courts.

Who Can Create a Hostile Work Environment?

Hostile work environment harassment can come from anyone connected to your workplace. Texas law follows federal standards for determining employer liability based on who the harasser is.

Supervisors and Managers

Supervisors most commonly create hostile environments. Their position makes their conduct particularly harmful because you may fear retaliation for objecting or reporting.

Employer liability for supervisor harassment depends on whether a tangible employment action occurred:

With tangible employment action: If a supervisor’s harassment results in firing, demotion, pay cut, or significant change in job duties, the employer is automatically liable. The employer cannot defend itself by claiming it had anti-harassment policies or that you didn’t report.

Without tangible employment action: The employer can raise the Faragher-Ellerth defense. They must prove two things: (1) they exercised reasonable care to prevent and correct harassment (through policies, training, and complaint procedures), and (2) you unreasonably failed to use those procedures. If the employer proves both elements, they escape liability.

Texas example: A supervisor in Fort Worth made repeated sexual comments to an employee over six months. No tangible employment action occurred—she wasn’t fired or demoted. She never reported the harassment to HR. The employer successfully raised the Faragher-Ellerth defense because they had clear anti-harassment policies and a reporting procedure the employee didn’t use.

Coworkers

Coworkers can create hostile environments through repeated sexual conduct. The employer is liable if they knew or should have known about coworker harassment and failed to take prompt, appropriate corrective action.

You typically must report coworker harassment to trigger employer liability. Employers can’t fix problems they don’t know about. Once you report, your employer must investigate and take action reasonably calculated to stop the harassment.

Texas example: A retail employee in El Paso faced daily sexual jokes from two coworkers. She reported to her manager in writing. The manager investigated, confirmed the harassment, and gave both coworkers final written warnings that further harassment would result in termination. The harassment stopped. The employer took prompt, appropriate action and likely wouldn’t be liable.

Customers, Clients, and Vendors

Third parties like customers, clients, or vendors can create hostile environments. Texas law follows federal standards requiring employers to take reasonable steps to protect you from third-party harassment.

The employer’s duty is to take “all reasonable steps” to prevent and correct third-party harassment. Reasonable steps depend on the circumstances and the employer’s level of control. For severe customer harassment, banning the customer might be required. For less severe conduct, warning the customer or reassigning you might be sufficient.

Texas example: A hotel housekeeper in Corpus Christi was repeatedly propositioned by a regular hotel guest. She reported it to her supervisor three times. Management refused to ban the guest or move her to different floors, citing business concerns. The guest’s harassment continued for two months until she quit. The hotel was liable for failing to take reasonable steps to protect her.

Contractors and Temporary Workers

Non-employees who work at your job site can create hostile environments. Your employer’s duty to provide a harassment-free workplace extends to controlling the behavior of contractors, temps, and others present at work.

Texas example: A manufacturing employee in Lubbock faced sexual comments from a contractor who was on-site daily for three months. She reported to her supervisor. The supervisor contacted the contracting company, which removed the individual from the site. The employer took appropriate corrective action.

The harasser doesn’t need to be your supervisor or even your employer’s employee for the conduct to violate the law. What matters is whether the harassment created a hostile environment and whether your employer knew or should have known about it and failed to take appropriate action.

Employer Liability Standards in Texas

Texas courts apply federal standards for employer liability. Understanding these standards helps you know who to hold accountable and what evidence you need.

Automatic Liability: Supervisor with Tangible Employment Action

If a supervisor creates a hostile environment and takes a tangible employment action against you, the employer is strictly liable. This is the strongest form of liability. The employer cannot escape responsibility regardless of their anti-harassment policies or your failure to report through proper channels.

Tangible employment actions include:

Termination or constructive discharge (forced to quit)
Failure to promote
Demotion or significant reduction in responsibilities
Pay reduction or loss of benefits
Transfer to less desirable position or location
Significant change in job duties that adversely affects you

Texas example: A supervisor in Amarillo made repeated sexual advances to an employee. She rejected him. Two weeks later, he fired her, claiming “performance issues” despite positive recent reviews. The employer is automatically liable because the firing is a tangible employment action. The employer can’t claim they didn’t know or had good policies.

The Faragher-Ellerth Defense: Supervisor Without Tangible Action

If there’s no tangible employment action, the employer can avoid liability by proving two things:

1. The employer exercised reasonable care to prevent and promptly correct sexual harassment. This usually means having:

Written anti-harassment policy clearly defining prohibited conduct
Effective complaint procedure with multiple reporting channels
Training for employees and supervisors
Prompt investigation and corrective action when complaints arise

2. You unreasonably failed to take advantage of the employer’s preventive or corrective opportunities. This usually means you didn’t report the harassment through proper channels without a valid reason for not reporting.

Texas reality: This defense succeeds more often in Texas than in California or New York. Texas courts are more willing to find that employees “unreasonably failed” to report harassment, especially if the employer had clear policies.

Texas example: An employee in Plano faced sexual comments from her supervisor over four months. The company had a clear anti-harassment policy posted in the break room and an HR reporting hotline. The employee never reported the harassment. No tangible employment action occurred. The employer successfully used the Faragher-Ellerth defense because they had reasonable preventive measures and the employee unreasonably failed to use the reporting procedure.

Liability for Coworker Harassment: Negligence Standard

Employers are liable for coworker harassment if they knew or should have known about it and failed to take immediate, appropriate corrective action. This is a negligence standard, not automatic liability.

“Knew or should have known” means:

You reported the harassment to a supervisor, manager, or HR
The harassment was so widespread or obvious that the employer should have discovered it
Other employees reported similar harassment by the same person

“Immediate, appropriate corrective action” depends on severity:

For severe harassment: immediate investigation, separation from harasser, termination of harasser
For less severe harassment: investigation, warning, retraining, monitoring
The corrective action must be reasonably calculated to stop the harassment

Texas example: An office employee in Tyler reported coworker sexual harassment to HR. HR interviewed witnesses and confirmed the harassment. HR gave the harasser a verbal warning and told him to stop. The harassment continued. HR then gave a written warning. The harassment still continued. HR finally terminated the harasser. The initial response was inadequate, but the employer ultimately took appropriate action by terminating. Whether the employer is liable depends on whether they acted promptly enough.

Liability for Customer/Vendor Harassment

Employers must take “all reasonable steps” to prevent and correct harassment by customers, clients, or vendors. This standard recognizes that employers have less control over non-employees but still must protect workers.

Reasonable steps might include:

Warning the customer that their behavior is unacceptable
Banning the customer from the premises
Requiring supervision during vendor visits
Reassigning the employee to avoid contact with the harasser
Terminating the business relationship with the vendor

What’s “reasonable” depends on:

Severity of the harassment
Employer’s level of control over the third party
Business realities (but business concerns don’t excuse inaction)

Texas example: A bar employee in Austin was repeatedly groped by a regular customer. She reported it to her manager multiple times. The manager finally banned the customer from the bar. This was appropriate corrective action. If the manager had refused to ban the customer because “he’s a good tipper,” the employer would likely be liable.

No Individual Liability Under TCHRA

Important limitation in Texas: You cannot sue your supervisor or coworker personally under TCHRA. Only employers can be held liable. This is different from New York’s Human Rights Law, which allows personal liability for supervisors and coworkers.

You may be able to sue individuals under other legal theories (assault, battery, intentional infliction of emotional distress), but those are separate claims outside of TCHRA.

Texas Law vs. Federal Law: Understanding Your Rights

Texas provides no additional protections beyond federal law for hostile work environment sexual harassment. TCHRA essentially mirrors Title VII. Both laws:

Apply to employers with 15 or more employees
Use the same “severe or pervasive” standard
Apply the same employer liability standards
Cap punitive damages based on employer size

Key Differences in Filing Deadlines

Agency	Deadline	Coverage
TWC (Texas state)	180 days from last incident	TCHRA claims (employers with 15+ employees)
EEOC (Federal)	300 days from last incident	Title VII claims (employers with 15+ employees)

Critical strategy for Texas workers: File with the EEOC, not just TWC. The EEOC gives you an extra 120 days. The EEOC and TWC have a work-sharing agreement, so filing with EEOC typically covers both agencies.

Texas example: An employee experienced her last harassment incident on January 1. She had until June 30 (180 days) to file with TWC, but until October 28 (300 days) to file with the EEOC. She waited until August to consult a lawyer. If she had only filed with TWC, she would have lost her state claim. By filing with the EEOC, she preserved her federal claim.

Comparison to California and New York

Texas provides significantly weaker protections than California or New York:

Protection	Texas (TCHRA)	California (FEHA)	New York (NYSHRL)
State law basis	Mirrors federal Title VII	Separate, broader state law	Separate, broader state law
Employer size	15+ employees	5+ employees	4+ employees
Filing deadline	180 days (TWC) or 300 days (EEOC)	3 years	3 years
Individual liability	No	Yes	Yes
Damage caps	$50K-$300K (Title VII caps)	Unlimited	Unlimited
Mandatory training	None	Yes (SB 1343)	Yes
Court tendency	Employer-friendly	Employee-friendly	Employee-friendly

What this means for Texas workers:

You have much less time to file (180-300 days vs. 3 years)
Smaller employers (5-14 employees) aren’t covered
You can’t sue individual harassers personally
Damage awards are capped
Texas juries tend to favor employers
You must rely entirely on federal protections

How to Prove a Hostile Work Environment Claim in Texas

Strong evidence is critical in Texas, where courts tend to be employer-friendly. Start gathering proof immediately when harassment begins.

Document Everything in Detail

Keep a contemporaneous journal of harassment incidents. For each incident, record:

Date and time (be as specific as possible)
Location (break room, your desk, parking lot, etc.)
What was said or done (quote exact words when possible)
Who was involved (the harasser and anyone else present)
Who witnessed it (names and contact information)
How you responded (what you said or did)
How it affected you (emotional reaction, impact on work)

Why this matters: Detailed contemporaneous records are powerful evidence. Courts give great weight to journals kept in real-time rather than reconstructed from memory months later.

Texas example: An administrative assistant in Dallas kept a detailed journal over eight months documenting daily sexual comments from her supervisor. Each entry included the date, exact quote, and witnesses. This evidence led to a settlement because the employer couldn’t dispute the pattern of harassment.

Save All Physical Evidence

Preserve every piece of evidence, even if it’s offensive or embarrassing:

Harassing emails, texts, or voicemails
Inappropriate photos or videos sent to you
Screenshots of group chat messages
Social media messages or posts
Notes or gifts from the harasser
Performance reviews (both before and after harassment)

Don’t delete anything. What seems minor now might be crucial later. Take screenshots of messages that might disappear. Forward harassing work emails to your personal email.

Identify and Preserve Witness Testimony

Note who saw or heard harassment incidents:

Direct witnesses who observed specific incidents
Corroborating witnesses you told about harassment contemporaneously
Pattern witnesses who experienced similar harassment
Character witnesses who can testify about how harassment affected you

Get contact information for witnesses before you leave your job. You may need to find them later.

Texas example: A warehouse employee in San Antonio told three coworkers about sexual harassment as it happened. These coworkers could testify that she made contemporaneous complaints, showing the harassment was unwelcome and proving she didn’t fabricate the story later.

Report Internally and Document the Response

Report harassment following your employer’s procedures. Make your report in writing when possible:

Email creates an automatic record with timestamp
Formal written complaint shows you took it seriously
Follow up verbal reports in writing (“This confirms our conversation today about…”)

What to include in your complaint:

Who harassed you
What they said or did (specific examples)
When and where it happened
Who witnessed it
That the conduct was unwelcome
That you want the company to investigate and take corrective action
That you want to be protected from retaliation

Keep copies of everything:

Your complaint
Any employer response
Investigation reports (request a copy)
Any corrective action taken
Any follow-up communications

Why this matters: The employer’s response (or lack of response) is critical evidence. If they ignore your complaint, delay investigation, or take inadequate action, you have strong evidence of liability.

Seek Medical or Counseling Treatment

If harassment causes anxiety, depression, stress, or other psychological harm, get professional help:

Document emotional distress for your damages claim
Show the harassment’s real impact on your life
Protect your mental health (most important reason)

Medical and counseling records are powerful evidence that the harassment harmed you. Texas juries may be skeptical of emotional distress claims without medical documentation.

Gather Performance Evidence

Preserve evidence showing how harassment affected your work:

Positive reviews before harassment show you were a good employee
Performance decline after harassment shows causation
Attendance records if anxiety caused you to miss work
Productivity metrics showing decline
Email showing work quality before and after harassment

This evidence counters employer arguments that you were fired for performance reasons unrelated to harassment.

What to Do If You’re Experiencing a Hostile Work Environment in Texas

If you’re experiencing hostile work environment sexual harassment, take immediate steps to protect yourself and your legal rights.

Step 1: Tell the Harasser to Stop (If Safe)

If you feel safe doing so, clearly tell the harasser their conduct is unwelcome:

“Stop making sexual comments to me”
“Don’t touch me. It makes me uncomfortable”
“I don’t appreciate sexual jokes. Please stop”

This isn’t legally required, but it eliminates any argument that the conduct was welcome. If you fear retaliation or escalation, skip this step and move directly to reporting.

Step 2: Document Every Incident

Start keeping detailed records immediately:

Write down what happened while it’s fresh in your memory
Note dates, times, locations, exact words, and witnesses
Save all evidence
Keep your documentation at home, not at work

Step 3: Review Your Employee Handbook

Find your employer’s harassment complaint procedure:

Who to report to (usually HR, your supervisor, or a designated officer)
What the procedure requires (written vs. verbal, forms to complete)
Deadlines for reporting (some policies have internal deadlines)

Follow the procedure when possible. Employers can defend themselves by claiming you unreasonably failed to use their procedures.

Step 4: Report in Writing

Put your complaint in writing via email or formal letter:

Be specific about what happened (dates, incidents, witnesses)
State clearly that the conduct was unwelcome
Request investigation and corrective action
Request protection from retaliation
Keep copies for your records

If you report verbally (in person or by phone), follow up immediately with an email summarizing the conversation.

Step 5: File with the EEOC Within 300 Days

Do not wait. The clock is ticking from the date of the last harassment incident.

File with the EEOC (recommended):

Online at eeoc.gov/filing-charge-discrimination
Deadline: 300 days from last incident
Covers employers with 15+ employees
Longer deadline protects your rights

Filing with TWC (shorter deadline):

Online at twc.texas.gov/civil-rights-division
Deadline: 180 days from last incident
Covers same employers as EEOC
Work-sharing agreement means EEOC filing typically covers TWC as well

Texas strategy: File with the EEOC to get the longer 300-day deadline. Don’t risk missing the 180-day TWC deadline.

Step 6: Consult an Employment Lawyer

Talk to a Texas employment lawyer as soon as possible:

Many offer free initial consultations
They can evaluate your case strength
They can help you navigate the EEOC process
They can negotiate with your employer
They can file a lawsuit after you receive a right-to-sue letter

Most employment lawyers work on contingency (they only get paid if you win), typically taking 33-40% of your recovery. You don’t need money upfront.

Step 7: Protect Yourself from Retaliation

Retaliation is illegal. Your employer cannot fire, demote, or punish you for reporting harassment or filing an EEOC charge.

If retaliation occurs:

Document it immediately (same as harassment)
Report it to your employer
Report it to the EEOC (amend your charge to add retaliation)
You have a separate legal claim for retaliation

Step 8: Take Care of Your Health

Harassment is traumatic. Seek medical or mental health treatment if you’re experiencing:

Anxiety or depression
Sleep problems
Physical symptoms of stress
Difficulty concentrating

Your well-being is most important. Treatment also creates records supporting your emotional distress damages claim.

What NOT to Do

Don’t quit without consulting a lawyer first. Quitting can complicate your legal claims. You may have a “constructive discharge” claim if conditions were intolerable, but this is hard to prove in Texas courts. Get legal advice before resigning.

Don’t retaliate against the harasser. Stay professional. Don’t confront them aggressively, spread rumors, or take revenge. Let the legal process work.

Don’t delete evidence. Save everything, even if it’s embarrassing or makes you look bad. Your lawyer needs all the facts.

Don’t wait until after the deadline. The 300-day EEOC deadline is firm. If you miss it, you lose your federal claim. The 180-day TWC deadline is even shorter.

Don’t assume HR will protect you. HR works for the company, not for you. Many HR departments handle complaints properly, but some prioritize protecting the company. Document everything and don’t rely on verbal promises.

Don’t post about it on social media. Employers will use your social media posts against you. Anything you post can be used as evidence. Keep your case confidential.

Damages Available in Texas Hostile Work Environment Cases

If you prevail in a hostile work environment claim, you may recover several types of damages. However, Texas juries tend to award lower damages than California or New York juries.

Economic Damages

Compensation for measurable financial losses:

Back pay (lost wages if you were fired or forced to quit)
Future lost earnings (if your career was damaged)
Lost benefits (health insurance, retirement contributions)
Job search costs
Medical expenses (therapy, counseling, medication)

Economic damages are usually easier to prove because they’re based on records and calculations.

Emotional Distress Damages

Compensation for psychological harm:

Anxiety, depression, humiliation
Mental anguish and suffering
Damage to reputation
Loss of enjoyment of life

Texas reality: You need medical documentation to support significant emotional distress claims. Texas juries are skeptical of large emotional distress awards without evidence of treatment.

Punitive Damages (Capped)

Punitive damages punish employers for egregious conduct. Title VII and TCHRA cap punitive damages based on employer size:

Employer Size	Punitive Damages Cap
15-100 employees	$50,000
101-200 employees	$100,000
201-500 employees	$200,000
500+ employees	$300,000

These caps apply to the combined total of compensatory damages (emotional distress) and punitive damages. This significantly limits recovery compared to states like California and New York, which have no caps.

Attorney’s Fees and Costs

Successful plaintiffs can recover attorney’s fees and litigation costs. This makes it possible to find quality legal representation even without money upfront.

Equitable Relief

Courts can order:

Reinstatement to your job
Promotion you were denied
Changes to company policies
Training for employees
Removal of negative performance reviews

Typical Settlement Ranges in Texas

Weaker cases (less severe harassment, some evidence problems): $10,000-$50,000

Moderate cases (clear harassment, good documentation, employer failed to respond): $50,000-$150,000

Strong cases (severe harassment, clear employer liability, significant damages): $150,000-$300,000+

Reality check: These are rough estimates. Your recovery depends on the specific facts, quality of evidence, employer size, and whether you have a good lawyer. Texas verdicts and settlements tend to be lower than California or New York.

Real-World Texas Examples

Understanding how Texas courts and employers handle hostile environment cases helps you evaluate your situation.

Example 1: Retail Manager – Houston

A retail assistant manager endured daily sexual comments from her district manager over eight months. He commented on her appearance, made sexual jokes, and sent inappropriate text messages. She reported to HR in writing. HR investigated, confirmed the harassment, and terminated the district manager within two weeks. She did not file a lawsuit.

Outcome: The employer’s prompt, effective response eliminated liability. Terminating the harasser was appropriate corrective action.

Example 2: Administrative Assistant – Dallas

An administrative assistant faced sexual comments and inappropriate touching from her supervisor 2-3 times per week for six months. She kept a detailed journal with dates, quotes, and witnesses. She reported to HR. HR gave the supervisor a verbal warning. The harassment continued. HR then gave a written warning. The harassment continued. She filed with the EEOC. HR finally fired the supervisor after the EEOC charge.

Outcome: Case settled during EEOC mediation for $95,000. The employer’s inadequate initial response (verbal and written warnings for serious harassment) created liability.

Example 3: Oil Field Worker – Midland

A female equipment operator faced constant sexual jokes, comments about women not belonging in oil fields, and displays of pornographic images by coworkers. This happened daily for five months. She complained to her supervisor three times. He told her to “toughen up” and said “this is how oil field workers talk.” She filed with the EEOC.

Outcome: Case settled for $125,000. The supervisor’s dismissive response and failure to investigate created clear employer liability.

Example 4: Restaurant Server – Austin

A server was repeatedly propositioned by a regular customer who grabbed her wrist and touched her waist. She reported to her manager four times. The manager refused to ban the customer, saying “he spends a lot of money here.” The harassment continued for three months until she quit.

Outcome: She filed with the EEOC claiming hostile environment and constructive discharge. Case settled for $75,000. The employer’s failure to protect her from customer harassment created liability.

Example 5: Office Worker – San Antonio

An office worker received one sexual comment from a coworker who said she “looked hot” in her dress. She told him the comment was inappropriate. He apologized and never made another sexual comment. She filed with the EEOC six months later.

Outcome: EEOC dismissed the charge. One isolated comment followed by apology is not severe or pervasive enough to create a hostile environment.

Example 6: Warehouse Employee – Fort Worth

A warehouse employee faced weekly sexual jokes from multiple coworkers over four months. She laughed along and sometimes made sexual jokes herself. She later filed an EEOC charge after being disciplined for performance issues.

Outcome: The employer successfully argued the conduct was welcome because she participated in the sexual banter. Her participation undermined her claim that the conduct was unwelcome.

Example 7: Hotel Housekeeper – El Paso

A housekeeper was sexually assaulted by her supervisor in a hotel room. She reported it immediately. The employer called police, placed the supervisor on leave, conducted an investigation, and terminated the supervisor within three days. They offered her paid counseling and ensured no retaliation occurred.

Outcome: She filed criminal charges and could have filed a civil lawsuit, but the employer’s immediate and effective response likely would have limited their liability. She did not pursue civil claims beyond workers’ compensation.

Example 8: Sales Representative – Plano

A sales rep faced sexual comments from her manager over three months. The company had a clear anti-harassment policy posted in the break room and an HR hotline. She never reported the harassment. She later filed an EEOC charge after being fired for missing sales targets.

Outcome: The employer successfully used the Faragher-Ellerth defense. They had reasonable preventive measures, and she unreasonably failed to use the reporting procedures. EEOC issued a right-to-sue letter but found no cause for employer liability.

Example 9: Manufacturing Worker – Corpus Christi

A manufacturing worker faced pornographic images displayed by coworkers, sexual jokes, and comments about her body almost daily for 10 months. She reported to her supervisor in writing three times. He said he’d “handle it” but never investigated or took any corrective action. She filed with the EEOC.

Outcome: Case proceeded to litigation. The employer failed to investigate or take any corrective action despite repeated written complaints. Case settled for $180,000 during trial preparation.

Example 10: Construction Foreman – Laredo

A female foreman faced resistance from male workers who made comments about women not belonging on construction sites. One worker made sexual comments monthly for five months. She reported to the general contractor. The contractor conducted a safety meeting addressing harassment and warned that future harassment would result in termination. The sexual comments stopped.

Outcome: No lawsuit filed. The employer’s corrective action was reasonably calculated to stop the harassment and succeeded in doing so.

Frequently Asked Questions

Can a single incident create a hostile work environment in Texas?

Yes, but only if the incident is extremely severe. Texas courts follow federal standards requiring conduct to be severe OR pervasive. Sexual assault, attempted assault, or extremely graphic sexual propositions can be severe enough that one incident violates the law. However, one awkward comment, inappropriate joke, or isolated uncomfortable interaction is almost never severe enough. Most hostile environment cases in Texas involve patterns of conduct over weeks or months.

How long do I have to file a hostile work environment claim in Texas?

You have 180 days to file with the Texas Workforce Commission (TWC) or 300 days to file with the EEOC. Both deadlines run from the last harassment incident, not the first. Most Texas workers should file with the EEOC to preserve the longer federal deadline. Due to a work-sharing agreement, filing with EEOC typically covers both agencies. Missing these deadlines means you lose your legal claims.

Do I have to report hostile work environment harassment to my employer before filing with the EEOC?

Not legally, but practically you should. If you don’t report supervisor harassment and no tangible employment action occurs, your employer can use the Faragher-Ellerth defense to escape liability. Texas courts are particularly receptive to this defense. For coworker harassment, you almost always must report because employers are only liable if they knew or should have known about the harassment. The exception is when reporting would be futile (like when the CEO is the harasser) or you fear retaliation.

What if my employer investigated but didn’t fire the harasser?

Your employer doesn’t have to fire the harasser to avoid liability. They must take corrective action “reasonably calculated to stop the harassment.” For less severe harassment, warnings, retraining, or reassignment might be sufficient. For severe harassment, termination is usually required. The corrective action must be proportionate to the harassment severity. If harassment continues after the employer’s action, their response was inadequate and they remain liable.

Can I sue my supervisor personally in Texas for creating a hostile work environment?

No. Under TCHRA, only employers can be sued, not individual supervisors or coworkers. This is different from states like New York where supervisors face personal liability. However, you might be able to sue your supervisor under other legal theories outside of TCHRA, such as assault, battery, or intentional infliction of emotional distress. Consult an employment lawyer about all available claims.

What if my employer has fewer than 15 employees?

Neither Title VII nor TCHRA apply to employers with fewer than 15 employees. You won’t have federal or state sexual harassment claims. However, you may have options:

Some Texas cities (Austin, Dallas, San Antonio) have local ordinances covering smaller employers
You might have claims under other laws (assault, battery, intentional infliction of emotional distress)
Federal contractors may be covered under different federal rules

Will I have to pay a lawyer upfront?

Probably not. Most Texas employment lawyers handle sexual harassment cases on contingency, meaning they only get paid if you win or settle your case. They typically take 33-40% of your recovery. This makes legal representation accessible even without money upfront. Many lawyers also offer free initial consultations to evaluate your case.

How much is my hostile work environment case worth?

It depends on many factors: harassment severity, duration, evidence quality, damages you suffered, employer size, and whether you have good legal representation. Texas cases typically settle for less than California or New York cases. Rough estimates: weaker cases $10,000-$50,000, moderate cases $50,000-$150,000, strong cases $150,000-$300,000+. Damages are capped under Title VII based on employer size ($50,000-$300,000). An employment lawyer can better evaluate your specific case.

What if I participated in sexual jokes before but now want them to stop?

You can make clear that previously tolerated conduct is no longer welcome. Tell your coworkers or supervisor that sexual jokes make you uncomfortable and you want them to stop. Future conduct after your objection is unwelcome. Your past participation makes your case harder but not impossible. The key is showing that you withdrew from the sexual banter and clearly indicated the conduct was no longer welcome.

Can my employer retaliate against me for filing an EEOC charge?

No. Retaliation is illegal under both Title VII and TCHRA. Your employer cannot fire, demote, reduce pay, or otherwise punish you for filing an EEOC charge or reporting harassment. If retaliation occurs, document it immediately and report it to the EEOC. You have a separate retaliation claim, which is often easier to prove than the underlying harassment claim. However, retaliation does happen in practice. Protect yourself by documenting everything.

How long will my case take?

EEOC investigations typically take 6-18 months, sometimes longer if the EEOC has a backlog. If the EEOC issues a right-to-sue letter and you file a lawsuit, cases typically take 1-3 years to reach trial. Many cases settle during EEOC mediation or after a lawsuit is filed but before trial. The timeline depends on case complexity, court backlogs, and whether the employer wants to settle or fight.

Get Help With Your Hostile Work Environment Claim

Experiencing sexual harassment at work is serious. You don’t have to handle it alone.

If you’re facing repeated sexual comments, inappropriate touching, or other sexual conduct that creates an intolerable work environment, document everything, report it to your employer, and file with the EEOC within 300 days. Don’t rely on the shorter 180-day TWC deadline.

Consult with a Texas employment lawyer who can evaluate your case and help you understand your options. Many offer free consultations and work on contingency, so you don’t need money upfront.

Don’t wait. The 300-day EEOC deadline passes quickly. Protect your legal rights by acting now.

Disclaimer: This information is for educational purposes only and does not create an attorney-client relationship. Employment law is complex and fact-specific. For advice about your specific situation, consult with a qualified Texas employment attorney. Laws and deadlines vary, and this article provides general information, not legal advice tailored to your circumstances.

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