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Same-Sex Sexual Harassment in Texas: Your Legal Rights

Same-sex sexual harassment is illegal in Texas. If a coworker or supervisor of the same sex harasses you sexually at work, you have the same legal protections as victims of opposite-sex harassment under both federal Title VII and the Texas Commission on Human Rights Act (TCHRA).

This wasn’t always clear. For decades, courts dismissed same-sex harassment claims, assuming Title VII only protected against harassment between men and women. That changed in 1998 when the Supreme Court ruled in Oncale v. Sundowner Offshore Services that same-sex harassment violates federal law. Texas follows this ruling.

Despite this legal clarity, same-sex sexual harassment remains widely misunderstood. Many workers and even some employers still believe these myths:

  • “It’s only harassment if it’s a man harassing a woman”
  • “Same-sex conduct is just horseplay or hazing”
  • “The harasser must be gay for it to be sexual harassment”
  • “You can’t sue if you’re LGBTQ”

All of these beliefs are wrong. Same-sex sexual harassment is treated the same as opposite-sex harassment under Texas and federal law. What matters is that the conduct is sexual in nature, unwelcome, and based on sex—not the sexual orientation of anyone involved.

The Landmark Case That Changed Everything: Oncale v. Sundowner

Understanding same-sex harassment law starts with understanding the case that established these protections.

The Facts of Oncale

Joseph Oncale worked on an offshore oil rig in the Gulf of Mexico for Sundowner Offshore Services. He was subjected to severe sexual harassment by male coworkers and supervisors:

  • He was sexually assaulted and threatened with rape
  • Male supervisors physically restrained him while another worker placed his genitals on Oncale’s body
  • He faced constant sex-related humiliation in front of other workers
  • He received explicit threats of sexual assault

Oncale complained to supervisors. They did nothing. He eventually quit, fearing for his safety.

When Oncale sued under Title VII, lower courts dismissed his case. They reasoned that Title VII didn’t protect men from harassment by other men.

The Supreme Court’s Decision (1998)

The Supreme Court unanimously reversed. Justice Scalia wrote that Title VII’s prohibition on sex discrimination “protects men as well as women.” The law doesn’t distinguish between same-sex and opposite-sex harassment.

The key principle: Title VII prohibits harassment “because of sex,” regardless of whether the harasser and victim are the same sex or opposite sexes. What matters is whether the conduct constitutes discrimination based on sex.

Why this matters for Texas workers: Oncale was a Louisiana case involving an offshore oil rig, but it’s federal law that applies nationwide, including Texas. Texas courts must follow this Supreme Court precedent. TCHRA, which mirrors Title VII, provides the same protection.

Oncale‘s Three Proof Methods

The Supreme Court identified three ways to prove same-sex harassment is “because of sex”:

1. Sexual desire: The harasser was motivated by sexual attraction to the victim. This is the most straightforward path but not required.

2. General hostility to one sex: The harasser targets members of one sex with harassment. For example, a male supervisor who harasses only male employees (not female employees) demonstrates sex-based animus.

3. Direct comparative evidence: Members of one sex are subjected to harassment while members of the opposite sex in similar positions are not. This shows differential treatment based on sex.

Important: You don’t need to prove the harasser is gay, lesbian, or bisexual. Sexual orientation is irrelevant. You only need to prove the harassment was because of your sex.

Same-Sex Harassment Is About Sex, Not Sexual Orientation

This distinction confuses many people, but it’s critical to understanding your rights.

What “Because of Sex” Means

Title VII and TCHRA prohibit discrimination “because of sex.” This means discrimination based on whether you are male or female—your biological sex or gender identity.

Same-sex harassment is “because of sex” when:

  • The conduct is sexual in nature (sexual comments, touching, propositions)
  • The conduct targets you based on your sex or gender
  • A reasonable person would not have been subjected to the same conduct but for their sex

The harasser’s sexual orientation doesn’t determine whether harassment occurred. What matters is whether the conduct was sexual and unwelcome.

Sexual Orientation vs. Sex-Based Harassment

Sexual orientation is who you’re attracted to (gay, lesbian, bisexual, heterosexual).

Sex-based harassment is harassment directed at someone because of their sex or gender, regardless of anyone’s sexual orientation.

Example 1: A male supervisor repeatedly propositions a male subordinate, touches him inappropriately, and makes explicit sexual comments. This is same-sex sexual harassment “because of sex” even if the supervisor is heterosexual and claims he was “just joking.”

Example 2: Male coworkers harass a male employee with homophobic slurs and mock him for being “effeminate.” This may be sexual harassment based on sex stereotyping (Title VII prohibits harassment for not conforming to gender stereotypes) even if the victim isn’t actually gay.

Example 3: A female manager sexually propositions a female employee, sends her romantic messages, and touches her inappropriately. This is same-sex sexual harassment regardless of either person’s sexual orientation.

The 2020 Bostock Decision Expands Protection

In 2020, the Supreme Court ruled in Bostock v. Clayton County that Title VII’s prohibition on sex discrimination includes discrimination based on sexual orientation and gender identity.

What this means for same-sex harassment cases:

  • Harassment targeting someone for being gay, lesbian, or bisexual now clearly violates Title VII
  • Harassment based on gender nonconformity (not acting “masculine” or “feminine” enough) violates Title VII
  • LGBTQ workers have explicit federal protection against harassment

Texas application: Bostock is federal law that Texas courts must follow. However, Texas has no separate state law providing broader LGBTQ protections. You’re relying on federal Title VII, not Texas state law.

Common Myths About Same-Sex Sexual Harassment

Misunderstandings about same-sex harassment lead many victims to not report or pursue legal claims. Let’s dispel these myths.

Myth 1: “It’s Only Harassment If the Harasser Is Gay”

FALSE. The harasser’s sexual orientation is irrelevant. Harassment is illegal when it’s sexual in nature, unwelcome, and based on sex. Heterosexual people can sexually harass people of the same sex.

Why this myth persists: People assume sexual harassment requires sexual attraction. It doesn’t. Harassment is often about power, dominance, or humiliation—not sexual desire.

Texas example: A heterosexual male oil field worker in Midland sexually harassed male coworkers by grabbing their genitals and making graphic sexual comments. He claimed it was “roughhousing” and “how guys joke around.” This is still sexual harassment under Title VII and TCHRA. The harasser’s heterosexuality doesn’t make the conduct legal.

Myth 2: “Same-Sex Conduct Is Just Horseplay or Hazing”

FALSE. Employers and harassers often dismiss same-sex harassment as “locker room behavior,” “just guys being guys,” or “hazing.” This is not a legal defense.

If conduct is sexual in nature, unwelcome, and severe or pervasive, it violates the law regardless of what you call it.

Texas example: Male workers at a Texas manufacturing plant subjected new male employees to “initiation” that included simulated sexual acts, sexual touching, and explicit sexual comments. Management knew about it and called it “tradition.” This is sexual harassment, not hazing. The company was held liable.

Myth 3: “You Can’t Sue Unless You Prove Sexual Attraction”

FALSE. While proving the harasser was motivated by sexual desire is one way to show harassment was “because of sex,” it’s not the only way. You can prove harassment through general sex-based hostility or comparative evidence showing differential treatment.

Texas example: A female supervisor in Austin made repeated sexual comments to female subordinates, touched them inappropriately, and displayed sexual materials. She was married to a man. The victims didn’t need to prove she was attracted to women. The conduct was sexual, unwelcome, and directed at women because they were women. That’s enough.

Myth 4: “Texas Law Doesn’t Protect LGBTQ Workers”

PARTIALLY FALSE. Texas has no separate state civil rights law protecting LGBTQ workers beyond federal protections. However, federal Title VII protects LGBTQ workers from discrimination and harassment based on sex, sexual orientation, and gender identity (Bostock decision).

Reality: LGBTQ workers in Texas can file harassment claims under federal Title VII. You’re not relying on Texas-specific protections—you’re using federal law that applies in all 50 states.

Limitation: Texas employers with fewer than 15 employees aren’t covered by Title VII. Some Texas cities (Austin, Dallas, San Antonio) have local ordinances providing additional protections, but state law doesn’t.

Myth 5: “Real Men Don’t Complain About Harassment”

FALSE and harmful. This toxic belief prevents male victims from reporting same-sex harassment. Men have the same legal rights as women. Reporting harassment doesn’t make you weak—it protects your legal rights and stops illegal conduct.

Texas reality: Male victims of same-sex harassment face unique challenges in Texas, where traditional gender roles and “toughen up” attitudes are common. Texas juries may be skeptical of male harassment claims. This makes strong documentation and legal representation even more important, but it doesn’t eliminate your legal rights.

Myth 6: “Same-Sex Harassment Isn’t as Serious as Opposite-Sex Harassment”

FALSE. The law treats same-sex harassment exactly the same as opposite-sex harassment. The legal standard—severe or pervasive conduct that creates a hostile work environment—applies equally.

Courts and juries sometimes view same-sex harassment less seriously, especially when it’s between men. This is bias, not law. Your legal protections are identical.

Types of Same-Sex Sexual Harassment

Same-sex harassment takes the same forms as opposite-sex harassment. Recognizing these patterns helps identify illegal conduct.

Quid Pro Quo Harassment (Same-Sex)

Quid pro quo (Latin for “this for that”) harassment occurs when someone with power over your job demands sexual favors in exchange for job benefits or threatens negative consequences for refusing.

Examples of same-sex quid pro quo:

  • A male supervisor tells a male employee he’ll get promoted if he goes out for drinks and “gets to know him better”
  • A female manager tells a female subordinate she’ll receive better assignments if she’s “friendlier” outside of work
  • A supervisor of any gender makes explicit sexual demands in exchange for job benefits
  • Threatening termination, demotion, or poor reviews if sexual advances are rejected

Texas example: A male restaurant manager in Dallas repeatedly propositioned a male server. The manager said the server would get better shifts and more tables if he was “nicer” to him. When the server refused, the manager cut his hours. This is quid pro quo sexual harassment. The employer is automatically liable when a supervisor takes tangible employment action (cutting hours) based on rejection of sexual advances.

Hostile Work Environment (Same-Sex)

Hostile work environment occurs when unwelcome sexual conduct is severe or pervasive enough to create an abusive, intimidating, or offensive workplace.

Examples of same-sex hostile environment:

  • Repeated sexual comments, jokes, or propositions between people of the same sex
  • Unwanted touching, grabbing, or physical contact of a sexual nature
  • Displaying or sharing sexually explicit materials
  • Making sexual gestures or sounds
  • Discussing sexual activities or fantasies
  • Commenting on body parts or physical appearance in sexual ways
  • Simulating sexual acts
  • Sexual assault or attempted assault

Texas example: Female nurses at a Houston hospital were subjected to repeated sexual comments, touching, and explicit sexual jokes by a female charge nurse. The conduct happened daily over six months. Multiple nurses complained to management, who told them to “work it out amongst yourselves.” This created a hostile work environment. The employer’s failure to investigate and take corrective action made them liable.

Gender Stereotyping Harassment

Title VII prohibits harassment based on failure to conform to gender stereotypes. This applies to same-sex harassment when victims are targeted for not acting “masculine” or “feminine” enough.

Examples:

  • Harassing a man for being “too feminine,” “acting gay,” or not being “man enough”
  • Harassing a woman for being “too masculine,” “butch,” or “trying to be a man”
  • Sexual comments or conduct aimed at policing gender expression
  • Hostile treatment because someone doesn’t conform to expected gender roles

Texas example: A male mechanic in San Antonio was harassed by male coworkers who mocked him for having a “high voice” and not being “masculine enough.” They made sexual gestures, called him homophobic slurs, and excluded him from work activities. Even though the harassment wasn’t explicitly sexual in every instance, it was sex-based harassment for failing to conform to male gender stereotypes.

Same-Sex Sexual Assault

The most severe form of same-sex harassment is sexual assault—unwanted sexual touching, groping, or attempted rape.

A single severe incident of sexual assault creates immediate liability even without a pattern of conduct. You don’t need to prove the conduct was “pervasive” when it’s this severe.

Texas example: A male supervisor in West Texas sexually assaulted a male employee in a storage room. The victim reported immediately. This single severe incident created employer liability. The employer’s investigation, corrective action, and cooperation with law enforcement affected the liability outcome, but the conduct itself was severe enough to violate Title VII.

Important: Sexual assault is both a crime and civil wrong. Report to police for criminal prosecution and to your employer/EEOC for civil remedies.

Proving Same-Sex Sexual Harassment in Texas

Same-sex harassment cases require the same proof as opposite-sex cases, but you must show the harassment was “because of sex” using one of the methods outlined in Oncale.

Required Elements

To prove same-sex sexual harassment in Texas, you must show:

1. You were subjected to unwelcome harassment

The conduct was unwelcome—you didn’t invite, encourage, or participate in it voluntarily. If you initially tolerated behavior but later objected, conduct after your objection is unwelcome.

2. The harassment was based on sex

This is where same-sex cases require extra attention. Use one of the Oncale methods:

  • The harasser was motivated by sexual desire for same-sex persons
  • The harasser demonstrated general hostility toward one sex
  • Comparative evidence shows members of your sex were harassed but members of the opposite sex were not

3. The conduct was severe or pervasive

The harassment must be serious enough that a reasonable person would find the work environment abusive. Either one extremely severe incident (like sexual assault) or a pattern of less severe conduct over time satisfies this requirement.

4. The conduct affected your employment

The harassment must alter your working conditions by creating an intimidating, hostile, or offensive environment. You don’t need to prove you were fired or demoted—creating an abusive atmosphere is enough.

5. The employer is liable

For supervisor harassment, the employer is strictly liable if tangible employment action occurred. Otherwise, they can use the Faragher-Ellerth defense. For coworker harassment, the employer must have known or should have known about it and failed to take appropriate corrective action.

Proving “Because of Sex” in Same-Sex Cases

This is the unique challenge in same-sex harassment cases. Texas courts follow the Oncale framework.

Method 1: Evidence of Sexual Desire

The clearest path is showing the harasser was motivated by sexual attraction or desire for same-sex individuals.

Evidence that helps:

  • Explicit sexual propositions or requests for dates
  • Romantic or sexual messages
  • Comments about the victim’s attractiveness
  • Sexual touching of intimate body parts
  • Attempts to initiate sexual contact
  • Evidence the harasser has engaged in same-sex relationships

Texas example: A female supervisor sent a female employee dozens of text messages expressing romantic interest, asked her out repeatedly, and touched her inappropriately. The sexual desire was evident from the supervisor’s conduct. This easily met the “because of sex” requirement.

Method 2: General Hostility Toward One Sex

Show the harasser targets members of one sex with sexual harassment but not the opposite sex.

Evidence that helps:

  • The harasser only sexually harasses men (or only women)
  • Pattern of sexual comments directed at one sex
  • Evidence of sex-based animus (“women don’t belong here,” “men are weak”)
  • Comparative evidence showing differential treatment

Texas example: A male manager at a Texas retail store made sexual comments only to male employees. He never made sexual comments to female employees. This pattern showed sex-based hostility—he targeted men because they were men. This satisfied the “because of sex” requirement.

Method 3: Direct Comparative Evidence

Show that members of your sex were subjected to harassment that members of the opposite sex in similar positions were not.

Evidence that helps:

  • Female employees were sexually harassed; male employees in similar roles were not
  • Documentation showing only one sex faced sexual conduct
  • Witness testimony about differential treatment
  • Employer records showing complaints only from one sex

Texas example: A construction site in El Paso had widespread sexual hazing targeting only male workers. Female workers on the same site faced no sexual harassment. This comparative evidence showed the conduct was “because of sex”—men were targeted because they were men.

Evidence That Strengthens Same-Sex Harassment Claims

Contemporaneous documentation: Keep detailed records of each incident with dates, times, exact words or actions, witnesses, and your response. Written records created at the time carry more weight than reconstructed memories.

Physical evidence: Save harassing texts, emails, photos, videos, gifts, or notes. Screenshot messages before they can be deleted.

Witness statements: Identify coworkers who witnessed harassment or to whom you complained contemporaneously. Their testimony corroborates your account.

Internal complaints: Report harassment in writing to HR, supervisors, or management. The employer’s response (or lack of response) is critical evidence of liability.

Pattern evidence: Multiple instances over time prove “pervasiveness.” Document every incident, even minor ones, to show the pattern.

Medical/counseling records: If harassment caused psychological harm, medical documentation supports your emotional distress damages.

Comparative evidence: Document how the harasser treated opposite-sex employees differently to prove sex-based discrimination.

Evidence That Hurts Same-Sex Harassment Claims

Participation in sexual banter: If you engaged in sexual jokes, comments, or conduct yourself, employers argue the environment wasn’t hostile to you. You can still prevail by showing you withdrew from such conduct and clearly objected, but it makes cases harder.

Delayed reporting: Waiting months to report harassment suggests it wasn’t severe enough to create a hostile environment. Report promptly when possible.

No corroboration: Without witnesses, physical evidence, or contemporaneous records, your case becomes “he said/he said.” Not impossible to win, but much harder.

Inconsistent statements: Changing your story about what happened undermines credibility. Be truthful and consistent from the start.

Social media: Posts showing you joking about harassment, socializing with the harasser outside work, or not appearing distressed hurt your case. Keep your case off social media.

Employer Liability for Same-Sex Harassment

Texas follows federal standards for employer liability. The analysis is the same for same-sex and opposite-sex harassment.

Supervisor Harassment with Tangible Employment Action

The employer is strictly liable if a supervisor sexually harasses you and takes a tangible employment action (firing, demotion, pay cut, failure to promote, or other significant job change).

Texas example: A male supervisor in Fort Worth sexually harassed a male employee over three months. When the employee rejected sexual advances, the supervisor fired him, claiming “performance issues.” The termination is a tangible employment action. The employer is automatically liable for the supervisor’s harassment. They cannot defend by saying they had good policies or didn’t know about the harassment.

Supervisor Harassment Without Tangible Action (Faragher-Ellerth Defense)

The employer can avoid liability if they prove:

  1. They exercised reasonable care to prevent and correct harassment (clear policies, training, reporting procedures)
  2. The employee unreasonably failed to use those procedures

Texas example: A male employee faced sexual comments from his male supervisor for two months. The company had a clear anti-harassment policy with multiple reporting options. The employee never reported the harassment. No tangible employment action occurred. The employer successfully raised the Faragher-Ellerth defense and avoided liability.

Texas reality: Texas courts are more receptive to this defense than California or New York courts. Document and report same-sex harassment promptly to avoid giving employers this escape route.

Coworker Harassment (Negligence Standard)

The employer is liable if they knew or should have known about coworker harassment and failed to take immediate, appropriate corrective action.

You must typically report coworker harassment to trigger employer liability. Once you report:

  • The employer must investigate promptly
  • The investigation must be reasonable (interview witnesses, review evidence)
  • The employer must take corrective action reasonably calculated to stop harassment
  • The action must be proportionate to the harassment severity

Texas example: A female oil field worker in Odessa reported same-sex harassment by female coworkers to her supervisor. The supervisor investigated within two days, confirmed the harassment, and gave both harassers final written warnings that further misconduct would result in termination. The harassment stopped. The employer took prompt, appropriate action and avoided liability.

Third-Party Harassment

Employers must take “reasonable steps” to protect employees from harassment by customers, clients, vendors, or other non-employees.

Texas example: A male hotel bartender in Houston was repeatedly propositioned by a male guest. He reported to management three times. Management refused to ban the guest or move the bartender to different shifts, saying the guest “spends a lot of money.” The harassment continued. The employer failed to take reasonable steps to protect the employee and was held liable.

Common Defenses Employers Use in Same-Sex Harassment Cases

Employers defend same-sex harassment cases using arguments that often succeed in Texas courts. Understanding these defenses helps you build a stronger case.

“It Was Just Horseplay, Not Sexual Harassment”

Employer’s argument: The conduct was roughhousing, joking around, or male bonding—not sexual harassment.

Why it sometimes works in Texas: Texas courts and juries, especially in traditionally male-dominated industries, may view same-sex physical conduct as “how guys interact” rather than sexual harassment.

How to counter: Document that the conduct was sexual in nature (touching of sexual body parts, sexual comments, sexual simulation), was unwelcome (you objected or indicated discomfort), and created a hostile environment (it was severe or happened repeatedly).

“Everyone Participated in the Sexual Environment”

Employer’s argument: The employee participated in sexual jokes, banter, or conduct, so they can’t claim it was unwelcome or hostile.

Why it sometimes works: If you engaged in sexual horseplay or made sexual jokes yourself, employers argue you can’t later claim the environment was hostile.

How to counter: Show you withdrew from such conduct, made clear it became unwelcome (“I don’t want to joke about this anymore”), or that the harassment escalated beyond your participation level. Past participation doesn’t give coworkers permission to continue forever.

“The Conduct Wasn’t Severe or Pervasive”

Employer’s argument: The incidents were isolated, minor, or infrequent—not severe or pervasive enough to violate Title VII.

Why it sometimes works in Texas: Texas courts require clear evidence of severity or pervasiveness. A few awkward comments or isolated incidents typically don’t meet the standard.

How to counter: Document every incident to show pervasiveness (pattern over time). For severe conduct (sexual assault, extreme propositions), one incident can be enough. Show how the cumulative effect created an abusive environment.

“The Employee Unreasonably Failed to Report”

Employer’s argument: We had clear anti-harassment policies and reporting procedures. The employee never used them. We can’t fix problems we don’t know about (Faragher-Ellerth defense).

Why it often works in Texas: Texas courts are receptive to this defense, especially when employers have written policies. If you didn’t report supervisor harassment and no tangible employment action occurred, employers often escape liability.

How to counter: Report harassment promptly in writing. If you didn’t report, explain why (fear of retaliation, belief reporting would be futile, harasser was the owner, previous complaints were ignored). Courts recognize exceptions to the reporting requirement.

“It Wasn’t Because of Sex”

Employer’s argument: The conduct was gender-neutral rudeness or personal conflict, not sex-based harassment. Or, in same-sex cases, the harasser is heterosexual so it couldn’t be sexual harassment.

Why it sometimes works: Employers argue general workplace incivility isn’t sexual harassment, or that heterosexual people can’t sexually harass same-sex coworkers.

How to counter: Use Oncale proof methods. Show sexual desire, general sex-based hostility, or comparative evidence. Emphasize that the harasser’s sexual orientation is irrelevant—what matters is whether the conduct was sexual in nature and directed at you because of your sex.

“We Took Prompt Corrective Action”

Employer’s argument: Once we learned about the harassment, we investigated and took appropriate action to stop it. We’re not liable.

Why it sometimes works: If employers genuinely investigate promptly and take corrective action reasonably calculated to stop harassment, they may avoid or limit liability.

How to counter: Show the investigation was inadequate (didn’t interview witnesses, ignored evidence), the corrective action was insufficient (verbal warning for severe harassment), or harassment continued after the alleged corrective action. Document everything.

Filing a Same-Sex Sexual Harassment Claim in Texas

The process for filing same-sex harassment claims is identical to opposite-sex harassment claims.

Step 1: Document Everything Immediately

Start keeping detailed contemporaneous records:

  • Date, time, and location of each incident
  • Exactly what was said or done (quote words if possible)
  • Who was involved (harasser and witnesses)
  • How you responded
  • How it affected you physically or emotionally

Save all evidence: texts, emails, photos, notes, voicemails, screenshots.

Step 2: 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. It’s inappropriate.”
  • “Don’t touch me. I don’t appreciate it.”
  • “I’m not interested. Stop asking me out.”

This creates clear evidence the conduct was unwelcome. However, skip this step if you fear retaliation or escalation.

Step 3: Report Internally in Writing

Follow your employer’s complaint procedure:

  • Review your employee handbook for the reporting process
  • Report to HR, your supervisor (if they’re not the harasser), or a designated officer
  • Put your complaint in writing (email creates a timestamped record)
  • Be specific about incidents, dates, and witnesses
  • State the conduct is unwelcome
  • Request investigation and corrective action
  • Keep copies of everything

Why this matters: Reporting triggers the employer’s duty to investigate and take corrective action. If they fail to respond appropriately, you have strong evidence of liability. If you don’t report and claim hostile environment by a supervisor without tangible action, the employer may use the Faragher-Ellerth defense.

Step 4: File with EEOC Within 300 Days

Critical deadlines:

  • EEOC (federal): 300 days from the last harassment incident
  • TWC (Texas state): 180 days from the last harassment incident

Strategy for Texas workers: File with the EEOC to preserve the longer 300-day deadline. Due to a work-sharing agreement, filing with EEOC typically covers both agencies. Most same-sex harassment claims rely primarily on federal Title VII.

How to file with EEOC:

What to include in your EEOC charge:

  • Your name and contact information
  • Employer’s name and address
  • Dates of harassment (first and last incident)
  • Description of harassment (be specific)
  • That you’re complaining of sexual harassment based on sex
  • That you want to file a formal charge

After filing: The EEOC will send your employer a copy of the charge. The EEOC will investigate, may offer mediation, and will eventually issue a determination or right-to-sue letter.

Step 5: Cooperate with EEOC Investigation

The EEOC investigation process typically takes 6-18 months:

  • The EEOC may request additional information from you
  • The EEOC will request information from your employer
  • The EEOC may interview witnesses
  • The EEOC may offer mediation (voluntary settlement discussions)

Be responsive: Provide requested information promptly. The stronger your evidence, the more likely the EEOC will find in your favor or pressure your employer to settle.

Step 6: Mediation or Right-to-Sue Letter

EEOC mediation: If both parties agree, the EEOC offers mediation—settlement negotiations facilitated by a neutral mediator. Many cases settle at this stage.

EEOC determination: If the case doesn’t settle, the EEOC issues either:

  • A finding of reasonable cause (they believe discrimination occurred)
  • A finding of no reasonable cause (they don’t find sufficient evidence)

Right-to-sue letter: Eventually, the EEOC issues a right-to-sue letter allowing you to file a lawsuit in federal court. You have 90 days from receiving this letter to file. This deadline is strict—missing it means you lose your right to sue.

Step 7: File Lawsuit or Negotiate Settlement

After receiving a right-to-sue letter, you have three options:

1. File a lawsuit in federal court (with an employment lawyer)

  • You have 90 days to file
  • Cases typically take 1-3 years to reach trial
  • Most settle before trial

2. Negotiate settlement with your employer (usually through lawyers)

  • Your lawyer and employer’s lawyer negotiate resolution
  • Settlement typically includes money, confidentiality agreement, and release of claims

3. Walk away (if the case isn’t strong or damages are minimal)

  • Sometimes the right choice if evidence is weak or damages are low
  • Get legal advice before abandoning your claim

Step 8: Consult an Employment Lawyer

When to consult a lawyer:

  • Immediately after harassment begins—to understand your rights
  • Before filing with EEOC—to ensure your charge is properly drafted
  • After receiving a right-to-sue letter—you have only 90 days to file a lawsuit
  • For serious cases—sexual assault, termination, or significant damages

How to find a Texas employment lawyer:

  • Texas State Bar referral service
  • National Employment Lawyers Association (NELA)
  • Online legal directories (Avvo, Martindale-Hubbell)
  • Referrals from other lawyers

Cost: Most employment lawyers handle harassment cases on contingency (33-40% of your recovery). Many offer free initial consultations.

Damages Available for Same-Sex Harassment in Texas

If you prevail in a same-sex harassment claim, you may recover damages. Texas follows federal Title VII damage caps.

Economic Damages (Compensatory)

Lost wages and benefits:

  • Back pay (lost wages from time of harassment until resolution)
  • Future lost earnings (if your career was damaged)
  • Lost benefits (health insurance, retirement contributions)
  • Job search expenses

Medical expenses:

  • Therapy and counseling costs
  • Medication for anxiety or depression
  • Other treatment related to harassment

Other economic losses:

  • Costs of finding new employment
  • Lost business opportunities

Economic damages are usually straightforward to calculate based on pay stubs, tax returns, and medical bills.

Emotional Distress Damages (Non-Economic)

Compensation for psychological harm:

  • Anxiety, depression, PTSD
  • Humiliation and embarrassment
  • Loss of enjoyment of life
  • Mental anguish and suffering
  • Damage to reputation

Texas reality: You need medical or counseling records to support significant emotional distress claims. Texas juries are skeptical of large emotional distress awards without professional documentation of harm.

Punitive Damages (Limited)

Punitive damages punish employers for egregious conduct. Available only when the employer acted with “malice or reckless indifference” to your federal rights.

Title VII caps apply (combined compensatory and punitive):

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

Texas limitation: These federal caps significantly limit recovery compared to states like California or New York, which have no caps. A strong case in California might yield $1 million+, but the same case in Texas is capped at $50,000-$300,000.

Attorney’s Fees and Costs

Successful plaintiffs can recover:

  • Attorney’s fees (this makes contingency representation viable)
  • Court costs and filing fees
  • Expert witness fees
  • Other litigation costs

This encourages lawyers to take harassment cases even when damages are modest.

Equitable Relief

Courts can order non-monetary remedies:

  • Reinstatement to your job
  • Promotion you were denied
  • Removal of negative performance reviews
  • Policy changes at your employer
  • Training for supervisors and employees
  • Expungement of disciplinary records

Typical Settlement and Verdict Ranges in Texas

Weaker same-sex harassment cases (less severe conduct, evidence problems, no tangible job action): $10,000-$40,000

Moderate same-sex harassment cases (clear pattern of harassment, good documentation, employer failed to investigate): $50,000-$125,000

Strong same-sex harassment cases (severe harassment, termination or demotion, excellent evidence, egregious employer conduct): $150,000-$300,000 (capped by Title VII limits)

Reality check: Texas settlements and verdicts tend to be lower than California or New York, especially for same-sex harassment. Texas juries may be skeptical of same-sex harassment claims, particularly between men in traditionally male-dominated industries. Strong evidence and experienced legal representation are critical.

Texas-Specific Considerations for Same-Sex Harassment

Texas presents unique challenges for same-sex harassment victims.

Conservative Cultural Attitudes

Reality: Texas has more conservative attitudes toward LGBTQ rights and gender roles than coastal states. This doesn’t change the law—federal Title VII applies uniformly—but it affects:

  • Jury attitudes: Texas juries may be skeptical of same-sex harassment claims, especially when harassment is between men
  • Employer responses: Some Texas employers may dismiss same-sex harassment as “horseplay” rather than taking it seriously
  • Reporting hesitancy: Victims may fear being outed or stigmatized for reporting same-sex harassment

Strategic response: Build an exceptionally strong case with detailed documentation. Emphasize federal law’s clear prohibition on same-sex harassment (Oncale). Choose your lawyer carefully—you need someone experienced with Texas juries.

Oil and Gas Industry

Reality: Texas’s dominant oil and gas industry is traditionally male-dominated with “roughneck” culture that may normalize harassment.

Common pattern: Male oil field workers subjected to severe sexual hazing, touching, or assault. Employers dismiss it as “how men bond” or “initiation.”

Legal standard: These industries must follow the same sexual harassment laws as any other. “Roughneck culture” is not a legal defense.

Texas example: Oncale itself involved a Gulf Coast oil rig. Same-sex harassment in oil and gas has been recognized as illegal for over 25 years.

Construction and Manufacturing

Similar issues arise in construction, manufacturing, and other traditionally male-dominated industries common in Texas.

Challenge: Employers and juries may view same-sex harassment as “just how guys act” in these industries.

Response: Document everything. Emphasize that Title VII applies to all industries equally. Show the harassment was severe or pervasive by legal standards, not industry norms.

Smaller Employer Exemption

Federal Title VII and TCHRA apply only to employers with 15 or more employees. Many Texas businesses are smaller and not covered.

If your employer has fewer than 15 employees:

  • You have no Title VII or TCHRA claim
  • Some Texas cities (Austin, Dallas, San Antonio) have local ordinances covering smaller employers
  • You may have other claims (assault, battery, intentional infliction of emotional distress)
  • Consult a lawyer about all available options

No State Law Enhancement

Texas provides no additional protections beyond federal law. Unlike California (FEHA) or New York (NYSHRL), which have separate, broader state anti-discrimination laws, Texas’s TCHRA essentially mirrors Title VII.

What this means:

  • No broader coverage (same 15-employee minimum)
  • No longer filing deadline (180 days for TWC vs. 300 days for EEOC—EEOC is better)
  • No individual liability (can’t sue harassers personally)
  • No higher damage caps (same federal caps apply)

Strategy: Focus on federal Title VII claims by filing with EEOC, not just TWC.

Frequently Asked Questions

Is same-sex sexual harassment illegal in Texas?

Yes. Same-sex sexual harassment is illegal in Texas under both federal Title VII and the Texas Commission on Human Rights Act (TCHRA). The Supreme Court’s Oncale decision made clear that harassment is illegal when it’s “because of sex,” regardless of whether the harasser and victim are the same sex or opposite sexes. Texas courts follow this federal standard.

Do I have to prove the harasser is gay to win a same-sex harassment case?

No. The harasser’s sexual orientation is irrelevant. You only need to prove the harassment was “because of sex” using one of three methods from Oncale: (1) evidence of sexual desire, (2) general hostility toward one sex, or (3) comparative evidence showing differential treatment based on sex. Heterosexual people can sexually harass people of the same sex.

What if my employer says it was just “horseplay” or “guys being guys”?

This is not a legal defense. If conduct is sexual in nature, unwelcome, and severe or pervasive enough to create a hostile work environment, it violates Title VII and TCHRA regardless of what your employer calls it. “Horseplay,” “hazing,” “roughhousing,” and “locker room behavior” are labels that don’t change the legal analysis. Document that the conduct was sexual, unwelcome, and created a hostile environment.

How long do I have to file a same-sex harassment claim in Texas?

You have 300 days to file with the EEOC (federal) or 180 days to file with the Texas Workforce Commission (TWC). File with the EEOC to preserve the longer deadline. Both deadlines run from the last harassment incident, not the first. Missing these deadlines means you lose your legal claims.

Can I sue my same-sex harasser personally in Texas?

No. Under TCHRA, only employers can be sued, not individual supervisors or coworkers. This differs from states like New York where individuals face personal liability. However, you may be able to sue the individual 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 I work for a small business with fewer than 15 employees?

Neither Title VII nor TCHRA apply to employers with fewer than 15 employees. You would have no federal or state sexual harassment claim. 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); or federal contractor rules may apply. Consult a lawyer.

Will reporting same-sex harassment out me as LGBTQ?

Reporting harassment doesn’t require disclosing your sexual orientation. You’re reporting unwelcome sexual conduct—the harasser’s and victim’s sexual orientations are legally irrelevant. However, realistically, some employers and coworkers may make assumptions. Federal law prohibits retaliation for reporting harassment and also prohibits discrimination based on sexual orientation (Bostock decision). If you face adverse treatment after reporting, you have additional retaliation and discrimination claims.

Are Texas juries receptive to same-sex harassment claims?

Honestly, less so than California or New York juries. Texas has more conservative attitudes toward LGBTQ rights and traditional gender roles. Texas juries may be skeptical of same-sex harassment claims, particularly between men in traditionally male-dominated industries. However, the law is clear—same-sex harassment is illegal. Build a strong case with detailed documentation and hire an experienced employment lawyer who understands Texas juries.

What damages can I recover for same-sex harassment in Texas?

You can recover: (1) economic damages (lost wages, benefits, medical expenses), (2) emotional distress damages (anxiety, depression, humiliation), (3) punitive damages (limited by Title VII caps of $50,000-$300,000 depending on employer size), (4) attorney’s fees and costs, and (5) equitable relief (reinstatement, promotion, policy changes). Texas settlements typically range from $10,000-$300,000+ depending on case strength and damages.

Do I need a lawyer for a same-sex harassment case?

Not legally required, but strongly recommended. Same-sex harassment cases involve unique proof challenges (showing harassment was “because of sex”) and Texas-specific considerations (conservative juries, employer-friendly courts). Most employment lawyers work on contingency (33-40% of recovery) and offer free consultations. A good lawyer significantly increases your chances of success.

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

You can withdraw from previously tolerated conduct by making clear it’s no longer welcome. Tell coworkers or supervisors 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 more challenging but not impossible. Document when you withdrew from sexual banter and clearly indicated the conduct was unwelcome.

Can my employer fire me for reporting same-sex harassment?

No. Retaliation is illegal under both Title VII and TCHRA. Your employer cannot fire, demote, reduce pay, or otherwise punish you for reporting harassment or filing an EEOC charge. If retaliation occurs, document it immediately, report it to your employer and the EEOC, and consult a lawyer. You have a separate retaliation claim, which is often easier to prove than the underlying harassment claim.

What if the same-sex harassment includes physical assault?

Sexual assault is both a crime and a civil wrong. Report to police immediately for criminal prosecution. Also report to your employer and file with the EEOC for civil remedies. Sexual assault is severe enough that a single incident creates employer liability for hostile work environment. Seek medical attention, document everything, and consult both a criminal lawyer and an employment lawyer.

Related Texas Employment Law Topics

Get Help With Your Same-Sex Harassment Claim

Same-sex sexual harassment is illegal in Texas. If you’re experiencing unwelcome sexual conduct from a coworker or supervisor of the same sex, you have the same legal protections as victims of opposite-sex harassment.

Don’t let myths or misconceptions prevent you from protecting your rights:

  • You don’t need to prove the harasser is gay or lesbian
  • “Horseplay” and “locker room behavior” are not legal defenses
  • The law protects men harassed by men and women harassed by women
  • Texas courts must follow federal law recognizing same-sex harassment

Take action:

  1. Document every incident in detail
  2. Report harassment to your employer in writing
  3. File with the EEOC within 300 days
  4. Consult a Texas employment lawyer

Time is critical. The 300-day EEOC deadline passes quickly. Don’t wait until your legal rights expire.

Many employment lawyers offer free consultations and work on contingency (you only pay if you win). Get experienced legal help to navigate Texas’s unique challenges for same-sex harassment victims.

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 legal standards change, and this article provides general information, not legal advice tailored to your circumstances.