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About Sexual Harassment Law in Houston, United States

Sexual harassment is a form of unlawful discrimination that occurs when unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature create an intimidating, hostile, or offensive environment. In Houston, sexual harassment most commonly arises in the workplace but can also occur in schools, public spaces, housing, or other settings. Federal laws such as Title VII of the Civil Rights Act of 1964 and state laws enforced in Texas and Houston provide protections for individuals subjected to sexual harassment. Anyone facing sexual harassment has the legal right to seek redress, including filing complaints and pursuing legal claims.

Why You May Need a Lawyer

Navigating the complicated landscape of sexual harassment law can be challenging. You may need a lawyer in these situations:

  • If you are experiencing or have experienced sexual harassment at work or in another environment
  • If you have been retaliated against for reporting harassment
  • If you need help understanding your rights and the proper channels for making a complaint
  • If your employer or organization fails to address your complaint
  • If you face possible defamation or wrongful termination after reporting harassment
  • If you are accused of sexual harassment and need to defend your rights

A knowledgeable attorney can help you understand your options, guide you through reporting claims, negotiate settlements, or represent you in any legal proceedings.

Local Laws Overview

Houston is subject to both federal and Texas state laws prohibiting sexual harassment. The main statutes are:

  • Title VII of the Civil Rights Act of 1964: Prohibits employment discrimination based on sex, including sexual harassment, covering most employers with 15 or more employees.
  • Texas Labor Code Chapter 21: Parallels Title VII but can provide additional rights, procedures, and definitions. Filed with the Texas Workforce Commission’s Civil Rights Division.
  • Houston Equal Rights Ordinance (HERO) (Note: HERO was repealed, but other city and county initiatives may address discrimination in certain contexts.)

Victims must typically file complaints with either the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission before pursuing lawsuits. Houston also follows the “employer liability” principle, meaning employers are responsible for acts of supervisors, managers, or coworkers, especially if they fail to act on reported harassment.

Frequently Asked Questions

What qualifies as sexual harassment in the workplace?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, physical touching, sexually suggestive comments, jokes, emails, or any behavior of a sexual nature that creates a hostile or offensive working environment.

Can I be fired for reporting sexual harassment?

It is illegal for an employer to retaliate against you for reporting sexual harassment. If you are fired, demoted, or otherwise punished after making a complaint, you may have additional legal claims for retaliation.

How do I report sexual harassment in Houston?

Start by reporting to your employer’s human resources department, as many companies have specific policies and procedures. You can also file a charge with the EEOC or Texas Workforce Commission’s Civil Rights Division.

What is the time limit for filing a complaint?

In general, you must file a complaint with the EEOC within 300 days of the last act of harassment. The Texas Workforce Commission’s deadline is typically 180 days from the incident. Filing promptly is crucial to protect your rights.

What happens after I file a complaint?

The agency will investigate the claim, may facilitate mediation, and could issue a right-to-sue letter if the matter is not resolved. You may then be able to file a lawsuit in state or federal court.

What if the harassment happens outside of work?

Harassment in schools, rental housing, or public spaces may be covered by other laws and agencies. Consult a lawyer or appropriate agency for guidance.

Do I need evidence or witnesses to prove my case?

While direct evidence can help, your sworn testimony and a well-documented timeline of events can be sufficient. Witnesses, text messages, emails, or other supporting proof may strengthen your case.

Does sexual harassment have to involve physical contact?

No. Verbal, written, or visual behavior can also constitute sexual harassment if it creates a hostile, offensive, or intimidating environment.

Can men experience sexual harassment?

Yes. Sexual harassment can affect individuals of any gender or gender identity, and both men and women can be perpetrators or victims.

Should I consult a lawyer even if I am not sure my case qualifies?

Yes. Consulting with an attorney can help clarify whether your rights have been violated and what steps you should take, even if the situation seems unclear or complicated.

Additional Resources

If you need more information or support regarding sexual harassment, consider these resources:

  • Equal Employment Opportunity Commission (EEOC): Federal agency handling workplace discrimination claims.
  • Texas Workforce Commission Civil Rights Division: Handles complaints involving Texas state law.
  • Houston Bar Association: Can refer you to qualified employment law attorneys.
  • Houston Area Women’s Center: Offers support and advocacy for individuals experiencing harassment.
  • Local Legal Aid Organizations: Can provide free or low-cost legal assistance to qualifying individuals.

Next Steps

If you believe you are experiencing sexual harassment in Houston, here is how you can proceed:

  • Document the harassment as thoroughly as possible, including dates, times, witnesses, and relevant communications.
  • Follow your workplace or institution’s reporting procedures and notify management or human resources in writing.
  • File a complaint with the EEOC or the Texas Workforce Commission within the required deadlines if the issue is unresolved.
  • Consult with an experienced attorney who can review your situation, advise you of your rights, and help protect you from retaliation.
  • Seek guidance from support organizations for emotional and practical support throughout the process.

Taking prompt action is important to preserve your legal rights and address the situation effectively. Remember, you are not alone, and legal help is available to support you through every step.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.