Best Sexual Harassment Lawyers in Texas

About Sexual Harassment Law in Texas, United States

Sexual harassment is a form of unlawful discrimination based on sex and is prohibited both under federal laws and specific Texas laws. In the workplace, sexual harassment occurs when someone is subjected to unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that creates a hostile, intimidating, or offensive work environment. This misconduct can happen between employees, supervisors and subordinates, or even non-employees such as clients. Both men and women can be victims or perpetrators of sexual harassment.

Texas recognizes sexual harassment as a serious workplace violation and provides remedies for victims through local and federal legal channels. Knowing your rights and understanding the legal protections available are important first steps toward addressing and stopping harassment.

Why You May Need a Lawyer

A lawyer’s guidance can be important in several situations involving sexual harassment, particularly if you are unsure about whether the behavior you have experienced is unlawful or you are concerned about retaliation or job security. Common scenarios include:

• You have experienced or witnessed unwanted sexual advances, inappropriate touching, comments, or any conduct of a sexual nature at work.
• Your complaints to supervisors or human resources have not resulted in corrective action or have led to retaliatory conduct such as demotion, termination, or negative performance reviews.
• You are unsure how to report the harassment or the process feels intimidating or confusing.
• You need help gathering evidence and understanding the documentation required to support your claim.
• You are considering filing a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC) and want to ensure your case is as strong as possible.
• You are negotiating settlements or need representation in administrative hearings or court proceedings.

Having an attorney can help you protect your rights, navigate the complex legal process, and increase the chances of achieving a favorable outcome.

Local Laws Overview

Texas law on sexual harassment is influenced by both state and federal regulations. Under Title VII of the Civil Rights Act of 1964, sexual harassment is prohibited in workplaces with 15 or more employees. Texas Labor Code Chapter 21 extends similar protections and, following recent amendments, now applies to employers with just one employee regarding sexual harassment claims.

Key aspects of Texas sexual harassment laws include:

• Definition: Texas law defines sexual harassment broadly, including unwelcome sexual advances, requests for sexual favors, and other types of verbal or physical conduct when such behavior affects employment, interferes with work performance, or creates a hostile environment.
• Employer Liability: Texas law requires that employers take immediate and appropriate remedial action when sexual harassment is reported. Employers can be held directly liable if they do not address known harassment promptly.
• Reporting and Retaliation: Employees are protected from retaliation after making a sexual harassment complaint or participating in an investigation.
• Statute of Limitations: Employees generally have 180 or 300 calendar days (depending on the agency and circumstances) from the date of the last incident to file a harassment complaint with the EEOC or TWC.
• Remedies: Victims of sexual harassment may be entitled to remedies such as reinstatement, back pay, compensatory damages, punitive damages in extreme cases, and reimbursement of legal fees.

Texas law aims to provide a safe and fair workplace for all employees and imposes significant responsibilities on employers to prevent and correct harassment.

Frequently Asked Questions

What is considered sexual harassment in Texas?

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that affects employment, interferes with work performance, or creates a hostile or offensive work environment.

Can an employer be held responsible for sexual harassment in the workplace?

Yes, employers can be held responsible if they knew or should have known about the harassment and failed to take immediate and appropriate corrective action.

Is sexual harassment only about physical contact?

No, sexual harassment can also include verbal conduct such as jokes, comments, or emails of a sexual nature, gestures, or displaying sexually explicit materials.

What should I do if I experience sexual harassment at work?

Document the incidents, report the behavior to your employer or human resources, and consider contacting an attorney for further guidance.

How long do I have to file a sexual harassment complaint in Texas?

Generally, you must file a complaint with the EEOC or the Texas Workforce Commission within 180 to 300 days from the date of the last incident of harassment.

Can I file a lawsuit while still employed?

Yes, you can pursue legal action even while still working for your employer, and laws protect you from retaliation for making a complaint.

What protections exist against retaliation?

Both Texas and federal laws prohibit employers from retaliating against employees who file complaints, participate in investigations, or oppose harassment in the workplace.

Does the law protect independent contractors or volunteers?

Texas laws mainly protect employees, though recent changes have broadened the definition of employee. Depending on your status, you may have protections under certain circumstances. Consulting an attorney is recommended.

What compensation might I receive if my harassment claim is successful?

You may be entitled to remedies such as job reinstatement, lost wages, compensatory and punitive damages, and attorneys’ fees, depending on the circumstances.

What if my employer does not have a human resources department?

You should still make your complaint to any supervisor or manager. If there is no internal process, you can file directly with the EEOC or TWC or seek advice from a legal professional.

Additional Resources

If you are experiencing or witnessing sexual harassment in Texas, the following resources can provide information and support:

• Texas Workforce Commission (TWC) Civil Rights Division - Handles employment discrimination and harassment claims under state law.
• Equal Employment Opportunity Commission (EEOC) - Federal agency that enforces laws against workplace discrimination and harassment.
• Local Legal Aid Societies - Provide legal information or representation to those who qualify based on income.
• Employee Assistance Programs (EAP) - Offer counseling and resource referrals through many employers.
• State Bar of Texas - Maintains a lawyer referral service and can help you find an attorney specializing in employment law or workplace harassment.
• Advocacy Organizations - Groups such as the Texas Association Against Sexual Assault and the National Sexual Violence Resource Center offer education and victim support services.

Next Steps

If you believe you are experiencing sexual harassment or have questions about your workplace rights in Texas, consider taking the following action:

• Gather documentation related to the harassment, including emails, texts, witness statements, and a detailed record of incidents.
• Review your employer’s policies on harassment and follow internal reporting procedures if possible.
• Contact the Texas Workforce Commission or the EEOC to inquire about filing a formal complaint if your situation is not resolved internally.
• Reach out to a qualified attorney who specializes in Texas employment law or workplace harassment for confidential advice tailored to your case.
• Explore support services and consider reaching out to advocacy organizations if you need counseling or emotional support during the process.

Remember, acting promptly, knowing your rights, and seeking legal support are important steps to protect yourself and ensure that workplace harassment is addressed through the appropriate legal channels.