Quick Answer
Comprehensive guide to Texas sexual harassment law covering TCHRA requirements, employer liability, filing TWC complaints, and worker protections in the Lone Star State.
Texas workers are protected from sexual harassment under both federal law and the Texas Commission on Human Rights Act (TCHRA). While Texas generally follows federal standards, understanding both state and federal protections is essential for Texas workers facing harassment. If you've experienced sexual harassment at work, you have legal options.
Quick Facts: Texas Sexual Harassment Law
| Topic | Texas (TCHRA) | Federal (Title VII) |
|---|---|---|
| Employer Coverage | 15+ employees | 15+ employees |
| Filing Deadline | 180 days | 300 days |
| Damage Caps | Yes (matches federal) | $50,000-$300,000 |
| Agency | TWC-CRD | EEOC |
What Is Sexual Harassment?
Types of Sexual Harassment
Quid Pro Quo Harassment:
- Job benefits conditioned on sexual favors
- Threats of adverse action for refusing advances
- "Sleep with me or you're fired"
- Only one incident required
Hostile Work Environment:
- Unwelcome sexual conduct
- Conduct must be severe or pervasive
- Affects ability to work
- Creates intimidating environment
Conduct That May Constitute Harassment
Verbal harassment:
- Sexual comments, jokes, innuendo
- Requests for sexual favors
- Comments about body or appearance
- Sexual rumors or gossip
Physical harassment:
- Unwanted touching
- Blocking movement
- Physical intimidation
- Assault
Visual harassment:
- Sexually explicit images
- Offensive emails or texts
- Lewd gestures
- Displaying pornography
Texas vs. Federal Law
Key Differences
Coverage threshold:
- Both TCHRA and Title VII require 15+ employees
- Smaller employers not covered by either
Filing deadlines:
- TCHRA: 180 days
- EEOC (with state agency): 300 days
- File with both to preserve all rights
Damages:
- Texas follows federal damage caps
- Caps based on employer size
Damage Caps
| Employer Size | Maximum Damages |
|---|---|
| 15-100 employees | $50,000 |
| 101-200 employees | $100,000 |
| 201-500 employees | $200,000 |
| 500+ employees | $300,000 |
Employer Liability
Supervisor Harassment
Employer automatically liable when:
- Supervisor harassment results in tangible action
- Demotion, termination, or loss of benefits
- No defense available
Affirmative defense available if:
- No tangible employment action taken
- Employer exercised reasonable care to prevent harassment
- Employee unreasonably failed to use prevention procedures
Co-Worker Harassment
Employer liable if:
- Knew or should have known about harassment
- Failed to take prompt corrective action
Third-Party Harassment
Employer may be liable for:
- Customer or client harassment
- If employer knew and failed to address
Filing a Sexual Harassment Complaint
Texas Workforce Commission - Civil Rights Division
Filing deadline: 180 days from harassment
How to file:
- Online at twc.texas.gov
- By mail to TWC-CRD
- Phone: 512-463-2642
Process:
- File complaint with TWC-CRD
- Agency investigates
- Attempts resolution
- Issues right-to-sue if unresolved
EEOC Filing
Filing deadline: 300 days
EEOC offices in Texas:
- Houston District Office
- Dallas District Office
- San Antonio Field Office
- El Paso Area Office
Cross-filing:
- Filing with one agency can preserve rights with both
- Work-sharing agreement between TWC and EEOC
Private Lawsuit
After obtaining right-to-sue:
- File in state or federal court
- Must file within deadline on right-to-sue letter
- Can pursue state and federal claims
Remedies Available
Damages You Can Recover
Economic damages:
- Back pay (lost wages)
- Front pay (future lost wages)
- Lost benefits
- Out-of-pocket expenses
Compensatory damages:
- Emotional distress
- Mental anguish
- Inconvenience
- Subject to damage caps
Punitive damages:
- For intentional discrimination
- Malice or reckless indifference
- Subject to damage caps
Equitable relief:
- Reinstatement
- Promotion
- Policy changes
Attorney's fees:
- Prevailing employee can recover
- Significant incentive for representation
Retaliation Protection
Protected Activities
Texas law protects employees who:
- Report harassment to employer
- File agency complaints
- Participate in investigations
- Testify in proceedings
- Oppose harassing conduct
Prohibited Retaliation
Employers cannot:
- Terminate or demote
- Reduce pay or hours
- Give negative evaluations
- Exclude from opportunities
- Create hostile environment
Practical Steps for Victims
Document Everything
Keep records of:
- Dates, times, locations
- What was said or done
- Witnesses present
- Your response
- Impact on your work
Save evidence:
- Emails, texts, messages
- Photos of offensive materials
- Performance reviews
- Medical records
Report Internally
Consider reporting to:
- Direct supervisor (if not harasser)
- Human Resources
- Company hotline
- Higher management
Best practices:
- Report in writing
- Keep copies
- Note response or lack thereof
Seek Support
Resources:
- Employee assistance programs
- Counseling services
- Support groups
- Legal consultation
Common Questions
Can men be sexually harassed?
Yes. Sexual harassment laws protect all genders. Men can be harassed by women, by other men, or in any gender combination.
What if my harasser isn't my direct supervisor?
You may still have a claim. Employers are liable for co-worker harassment if they knew or should have known and failed to take corrective action.
Do I have to quit to sue?
No. You can pursue claims while still employed. Quitting may be necessary if harassment is severe, which could support a constructive discharge claim.
What if harassment happened a year ago?
You may have missed the filing deadline. TCHRA requires filing within 180 days, though EEOC allows 300 days. Consult an attorney immediately.
Finding Legal Help
Free Resources
- TWC Civil Rights Division: twc.texas.gov | 512-463-2642
- EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000
- Texas RioGrande Legal Aid: trla.org | 1-888-988-9996
Employment Attorneys
Most sexual harassment attorneys work on contingency:
- No upfront fees
- Free initial consultations
- Attorney paid from settlement
Related Resources
- Texas Workplace Discrimination
- Texas Workplace Retaliation
- Texas Wrongful Termination
- Houston Employment Law
- Dallas Employment Law
Legal Disclaimer
This guide provides general information about Texas sexual harassment law and is not legal advice. For advice about your specific situation, consult a licensed Texas employment attorney.
Official Resources:
- TWC Civil Rights Division: twc.texas.gov{rel="nofollow"} | 512-463-2642
- EEOC: eeoc.gov{rel="nofollow"} | 1-800-669-4000
Frequently Asked Questions
What is types of Sexual Harassment?
What is conduct That May Constitute Harassment?
What are key Differences?
What is supervisor Harassment?
What is co-Worker Harassment?
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