Free Evaluation
Free Evaluation

Sexual harassment at work is illegal in Texas. But here’s what many workers don’t know: Texas has no separate state law against sexual harassment. Your protections come primarily from federal law, not Texas state law.

This matters because Texas courts tend to be employer-friendly, and the state filing deadline is shorter than the federal deadline. You need to act fast and understand which law applies to your situation.

What is Sexual Harassment Under Texas Law?

Sexual harassment is unwelcome sexual conduct that affects your job. It comes in two forms:

Quid Pro Quo Harassment happens when someone with power over your job demands sexual favors in exchange for job benefits.

Examples:

  • Your manager says you’ll get promoted if you go on a date with him
  • A supervisor tells you to sleep with him or you’ll be fired
  • Your boss says he’ll give you better shifts if you send him nude photos

Hostile Work Environment happens when sexual conduct becomes so severe or pervasive that it creates an intimidating, hostile, or offensive workplace.

Examples:

  • Coworkers constantly make sexual jokes and comments despite your objections
  • Your supervisor repeatedly touches you inappropriately
  • Sexual images or pornography are displayed in your work area
  • Colleagues make repeated unwanted sexual advances

The conduct must be unwelcome. A single severe incident (like assault) can create a hostile environment. Less severe conduct must be repeated over time.

Texas Law vs Federal Law: Understanding Your Rights

Here’s the reality: Texas and federal law are nearly identical when it comes to sexual harassment.

The Texas Commission on Human Rights Act (TCHRA) covers sexual harassment as a form of sex discrimination. But TCHRA essentially mirrors Title VII of the federal Civil Rights Act. Texas didn’t create broader protections than federal law provides.

TCHRA vs Title VII Comparison

Factor TCHRA (Texas State) Title VII (Federal)
Employer Size 15+ employees 15+ employees
Filing Deadline 180 days 300 days
Protected Conduct Sex discrimination (includes harassment) Sex discrimination (includes harassment)
Individual Liability No – only employers liable No – only employers liable
Damages Available Compensatory + limited punitive Compensatory + limited punitive
Court Tendency Employer-friendly Varies by circuit

Key Takeaway: Federal law (Title VII) often provides better protection for Texas workers because you get an extra 120 days to file with the EEOC.

This is different from states like California or New York, where state law provides broader protections than federal law. In Texas, you’re relying primarily on federal protections.

Who is Protected?

IMPORTANT UPDATE: As of September 1, 2021, Texas law was strengthened for sexual harassment claims specifically.

For sexual harassment claims under TCHRA:

  • Employers with 1 or more employees are covered (effective September 1, 2021)
  • This is a major expansion from the previous 15-employee requirement
  • Texas now provides broader sexual harassment coverage than federal Title VII

For other discrimination claims under TCHRA (race, age, disability, etc.):

  • Still requires 15 or more employees (20+ for age discrimination)

For federal Title VII claims:

  • Requires 15 or more employees (including sexual harassment)

What this means: If you work for a small Texas employer (1-14 employees) and experienced sexual harassment, you CAN file a TCHRA claim with TWC. You cannot file other types of discrimination claims unless the employer has 15+ employees.

If your employer has fewer employees, you may still have options:

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

Types of Sexual Harassment with Real Examples

Direct Sexual Advances

Your supervisor repeatedly asks you out after you’ve said no. He stands too close and touches your shoulder or back when talking to you. This creates discomfort and makes you afraid to reject him directly because he controls your schedule.

Sexually Explicit Comments

Male coworkers constantly rate women’s bodies, make comments about female colleagues’ appearances, and discuss their sexual experiences. They do this daily in your work area. You’ve asked them to stop but they laugh it off.

Unwanted Physical Contact

A senior employee regularly hugs you from behind, touches your hair, or rubs your shoulders despite you moving away and asking him to stop. He says he’s “just being friendly.”

Gender-Based Hostility

Your male supervisor and coworkers make comments that women don’t belong in your industry. They exclude you from important meetings, make sexual jokes to embarrass you, and question your competence because you’re a woman.

Sexual Conditioning of Employment

Your manager tells you that women who are “friendlier” get better assignments. He suggests getting drinks after work and implies your career advancement depends on your willingness to socialize with him outside work.

Display of Sexual Materials

Coworkers share pornographic images in group chats, display sexual photos in common areas, or send you explicit materials. This continues despite complaints and creates a sexually charged atmosphere.

When is an Employer Liable?

Texas courts follow federal standards for employer liability. The analysis depends on who harassed you.

Harassment by Supervisor

If a supervisor with authority over you commits harassment that results in a “tangible employment action” (firing, demotion, pay cut), the employer is automatically liable.

If there’s no tangible employment action, the employer can defend itself by proving:

  1. The employer exercised reasonable care to prevent and correct harassment (like having policies and training)
  2. You unreasonably failed to use the employer’s complaint procedures

This is called the Faragher-Ellerth defense, and Texas courts apply it.

Harassment by Coworker

The employer is liable if it knew or should have known about the harassment and failed to take prompt, appropriate corrective action.

You typically need to report harassment to give your employer a chance to fix the problem. If they ignore your complaint or don’t investigate properly, they can be held liable.

Harassment by Non-Employee

If a client, customer, or vendor harasses you, your employer must take action if they knew or should have known about it. Employers can’t ignore harassment just because the harasser doesn’t work for them.

How to File a Sexual Harassment Claim in Texas

CRITICAL: Texas has a 180-day deadline to file with the Texas Workforce Commission (TWC). This is 120 days shorter than the federal EEOC deadline.

Step 1: Document Everything

Write down:

  • Each incident (date, time, location, what happened)
  • Who was involved or witnessed it
  • How you responded
  • Any reports you made to supervisors or HR
  • How the harassment affected your work

Save emails, text messages, photos, or other evidence.

Step 2: Report Internally

Check your employee handbook for your company’s complaint procedure. Follow it. Report to:

  • Human Resources
  • Your supervisor (if they’re not the harasser)
  • A manager or executive
  • Any designated complaint officer

Make your complaint in writing if possible. Keep a copy.

Step 3: File with TWC or EEOC

You can file with either agency (or both). Filing with one often counts as filing with both through a “work-sharing agreement.”

TWC (State Agency)

  • Deadline: 180 days from the last incident
  • File online at twc.texas.gov
  • Shorter deadline but less backlog

EEOC (Federal Agency)

  • Deadline: 300 days from the last incident
  • File online at eeoc.gov
  • Longer deadline, handles most Texas cases

Strategy Tip: File with the EEOC to preserve your rights under the longer 300-day deadline. Many Texas workers miss the 180-day TWC deadline because they don’t know about it.

Step 4: Investigation

The agency will:

  • Notify your employer
  • Investigate your complaint
  • Try to resolve the matter through mediation
  • Issue a determination

This process can take months or over a year.

Step 5: Right to Sue

If the agency doesn’t resolve your case, they’ll issue a “right to sue” letter. You then have 90 days to file a lawsuit in court.

What Damages Can You Recover?

If you win your case, you may recover:

Economic Damages:

  • Lost wages (back pay)
  • Future lost earnings
  • Lost benefits
  • Job search costs

Non-Economic Damages:

  • Emotional distress
  • Pain and suffering
  • Damage to reputation

Punitive Damages:
Limited under both TCHRA and Title VII. Caps range from $50,000 to $300,000 depending on employer size.

Other Relief:

  • Reinstatement to your job
  • Promotion you were denied
  • Attorney’s fees

Reality Check: Damages in Texas tend to be lower than in states like California or New York. Texas juries and courts are often employer-friendly. But federal law still provides meaningful compensation for serious harassment.

How to Prove Sexual Harassment

You need to show:

  1. You were subjected to unwelcome sexual conduct – Your words or actions showed the conduct was unwelcome. You don’t need to say “stop” every time, but evidence that you objected helps.

  2. The conduct was because of your sex – The harassment targeted you because of your gender. This includes harassment by someone of the same sex.

  3. The conduct was severe or pervasive – A single incident must be extremely severe (like assault). Less severe conduct must happen repeatedly and create a hostile environment.

  4. The employer is liable – You reported it and the employer failed to act, or a supervisor harassed you.

Evidence That Helps:

  • Contemporaneous notes or journal entries
  • Text messages or emails
  • Witness statements
  • Your complaint to HR and their response (or lack of response)
  • Medical records if you sought treatment for stress
  • Performance reviews showing your work was good before the harassment

Evidence That Hurts:

  • Waiting months to report harassment
  • Participating in sexual banter or jokes
  • Continuing to socialize with the harasser outside work
  • No witnesses or documentation

What Texas Doesn’t Provide

Unlike some states, Texas law does not provide:

No Individual Liability: You can’t sue your supervisor or coworker personally under TCHRA. Only the employer can be sued. (Compare this to New York, where supervisors can be personally liable.)

No Broader Protections: TCHRA doesn’t protect more workers or provide more remedies than federal law. It’s essentially identical to Title VII.

No Mandatory Training: Texas doesn’t require employers to provide sexual harassment training (though many do voluntarily).

No Extended Deadlines: The 180-day TWC deadline is actually shorter than the 300-day federal deadline.

Limited Small Employer Coverage: Employers with fewer than 15 employees aren’t covered (same as federal law).

Real-World Texas Examples

Case 1: Restaurant Manager

A restaurant manager in Houston repeatedly made sexual comments to a waitress, touched her inappropriately, and told her she’d get better shifts if she was “nicer” to him. She reported to the owner, who said “that’s just how he is” and did nothing. She filed with the EEOC and won her case. The employer was liable because they knew about the harassment and failed to take corrective action.

Case 2: Construction Worker

A female construction worker in Dallas faced constant sexual jokes, comments about her body, and pornographic images displayed by coworkers. She complained to her supervisor, who told her she needed to “toughen up” because “this is a man’s job.” She was later fired for “not being a team player.” She filed with both TWC and EEOC and settled her case before trial.

Case 3: Office Employee

An office employee in Austin was repeatedly asked out by her supervisor. She politely declined multiple times. The supervisor began giving her poor performance reviews and excluded her from meetings. She documented everything and reported to HR. The company investigated, moved the supervisor to a different department, and gave her back pay for the period she received poor reviews. She didn’t need to file a lawsuit because the employer took appropriate corrective action.

What to Do If You’re Being Sexually Harassed

  1. Tell the harasser to stop (if you feel safe doing so). Make it clear the behavior is unwelcome.

  2. Document everything immediately. Write down dates, times, what happened, and who witnessed it.

  3. Report to your employer following their complaint procedure. Do this in writing if possible.

  4. File with the EEOC within 300 days (or TWC within 180 days). Don’t wait. The EEOC deadline gives you more time.

  5. Talk to an employment lawyer. Many offer free consultations. They can help you understand your options and maximize your recovery.

  6. Take care of yourself. Sexual harassment causes real psychological harm. Consider talking to a therapist or counselor.

Don’t:

  • Quit without reporting (you may lose your legal claims)
  • Retaliate against the harasser
  • Delete evidence
  • Wait until after the deadline to file

Frequently Asked Questions

Can I be fired for reporting sexual harassment?
No. Retaliation is illegal under both TCHRA and Title VII. If you’re fired, demoted, or punished for reporting harassment, you have a separate retaliation claim.

What if the harasser is the owner of the company?
The company is still liable. The owner’s conduct is automatically attributed to the employer.

Does the harasser have to be a man?
No. Men can sexually harass men, women can harass women, and women can harass men. What matters is that the conduct is sexual in nature and unwelcome.

What if I participated in sexual jokes before?
This makes your case harder but not impossible. What matters is whether you made clear the conduct became unwelcome. Your past participation doesn’t give coworkers permission to continue forever.

How long does a case take?
EEOC/TWC investigations typically take 6-18 months. If you file a lawsuit, it can take 1-3 years to reach trial. Many cases settle before trial.

Will I have to pay a lawyer upfront?
Most employment lawyers take harassment cases on contingency, meaning they only get paid if you win. They typically take 33-40% of your recovery.

Related Topics

Get Help Now

Sexual harassment is serious. You don’t have to handle it alone.

Important: This article provides legal information, not legal advice. Every case is different. If you’re being sexually harassed, talk to a Texas employment lawyer who can evaluate your specific situation.

Act fast. The 180-day TWC deadline passes quickly. Don’t let your legal rights expire because you waited too long to file.

Disclaimer: This information is for educational purposes only and does not create an attorney-client relationship. Employment law is complex and fact-specific. Consult with a qualified Texas employment attorney for advice about your situation.