Texas: How to File a Sexual Harassment Claim (EEOC/TWC)

Disclaimer: This page is for general information only and is not legal advice. Laws change and your facts matter—consult an employment attorney for advice.

Why Texas Sexual Harassment Law Is Different

• Coverage: Texas law now covers employers with 1 or more employees for sexual harassment claims.
• Deadline: You generally have 300 days to file a sexual harassment complaint with the Texas Workforce Commission Civil Rights Division (TWC-CRD). This is longer than the 180-day deadline for other types of discrimination under Texas law.
• Individual liability: Supervisors/agents can be liable under Texas sexual harassment law.
• You can also file with the EEOC; Texas is a deferral state, so you typically have up to 300 days to file a Title VII charge with the EEOC.

What Counts as Sexual Harassment

• Unwelcome sexual advances, requests for sexual favors, or verbal/physical conduct of a sexual nature that is severe or pervasive and affects employment.
• Quid pro quo: Job benefits conditioned on sexual conduct.
• Hostile work environment: Conduct so severe or pervasive that a reasonable person would find the environment hostile or abusive.
• Retaliation for reporting or opposing harassment is also unlawful.

Step-by-Step Filing Process

1. Preserve evidence: dates, messages, emails, witnesses, reports to HR, performance impacts.
2. Decide where to file first: TWC-CRD or EEOC. Ask for “dual filing” so both agencies receive the charge.
3. Start your charge:
   • TWC-CRD online or by phone/mail: https://www.twc.texas.gov/jobseekers/texas-civil-rights-division
   • EEOC online portal: https://www.eeoc.gov
4. Intake and charge drafting: The agency will help prepare the formal charge for your review and signature.
5. Investigation/mediation: The agency may investigate, request documents, interview witnesses, and offer mediation.
6. Right-to-sue: You can request a right-to-sue after certain timeframes. Deadlines to file suit run from when you receive the letter (e.g., 90 days under Title VII). Consult counsel to coordinate state and federal timing.

Deadlines At a Glance

• Texas (TWC-CRD) sexual harassment: 300 days from the last harassing act.
• EEOC (Title VII): Up to 300 days in Texas.
• Do not wait—missing a deadline can end your claim.

Remedies

• Back pay, front pay, reinstatement
• Compensatory and punitive damages (subject to caps under Title VII; Texas law provides similar remedies)
• Attorneys’ fees and costs
• Injunctive relief (e.g., training, policy changes)

Practical Tips

• Use your employer’s complaint process promptly and keep proof.
• Keep a contemporaneous journal of incidents.
• Save digital evidence (but don’t break company policies or laws to obtain it).
• Consider speaking to an attorney early to protect your rights.

Resources

• TWC Civil Rights Division (Sexual Harassment): https://www.twc.texas.gov/jobseekers/texas-civil-rights-division
• EEOC: https://www.eeoc.gov
• Texas Labor Code Chapter 21: https://statutes.capitol.texas.gov/Docs/LA/htm/LA.21.htm
• Title VII of the Civil Rights Act: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964