Understanding Your Rights in Texas Workplace Harassment Cases

Understanding Workplace Harassment in Texas

Workplace harassment based on protected characteristics is illegal under both federal and Texas law, creating hostile work environments that no employee should have to endure. Whether you're experiencing sexual harassment, discriminatory harassment based on race or religion, or other forms of unwelcome conduct, understanding your rights and legal options is crucial for protecting yourself and stopping the harassment.

Texas employers have a legal obligation to maintain harassment-free workplaces and to take prompt action when harassment is reported. When employers fail to meet these obligations, victims have several legal avenues to seek justice, recover damages, and ensure the harassment stops. Taking action not only protects your own rights but can also prevent other employees from experiencing similar treatment.

1. Recognize Different Types of Workplace Harassment

Sexual harassment represents one of the most common forms of workplace harassment, involving unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This can include inappropriate comments about appearance, unwanted touching, sexual jokes or images, and quid pro quo situations where employment benefits are conditioned on sexual compliance. Sexual harassment doesn't require physical contact and can involve creating a sexually charged atmosphere that makes work uncomfortable.

Discriminatory harassment based on protected characteristics like race, color, religion, national origin, age, or disability creates hostile work environments through offensive comments, slurs, jokes, or other conduct that targets individuals because of these characteristics. This type of harassment often involves patterns of behavior that make the workplace intimidating or offensive for members of protected groups.

Hostile work environment harassment occurs when unwelcome conduct becomes severe or pervasive enough to create an abusive working atmosphere. This doesn't require a single dramatic incident but can develop through repeated inappropriate behavior, offensive comments, or discriminatory treatment that makes it difficult for victims to perform their jobs effectively. The harassment must be objectively offensive to a reasonable person and subjectively offensive to the victim.

Quid pro quo harassment involves situations where submission to or rejection of unwelcome conduct is used as the basis for employment decisions. This can include supervisors who demand sexual favors in exchange for promotions, threaten termination for rejecting advances, or condition job benefits on tolerance of inappropriate behavior. This form of harassment often involves clear abuse of power relationships in the workplace.

2. Document Harassment Incidents Thoroughly

Creating detailed documentation of harassment incidents provides crucial evidence for any legal action you might pursue. Record the date, time, location, and specific details of each incident, including exactly what was said or done, who was present, and how the incident affected you. Be as specific as possible about the language used, gestures made, or physical contact that occurred.

Identify and document witnesses who observed harassment incidents or who can testify about the workplace atmosphere. Coworkers who witnessed inappropriate behavior or who experienced similar treatment can provide powerful supporting evidence. Even witnesses who didn't see specific incidents but noticed changes in your demeanor or work performance after harassment can be valuable.

Save all relevant communications, including emails, text messages, voicemails, or written notes that relate to the harassment. This includes both communications from the harasser and any reports you made to supervisors or human resources. Take screenshots of inappropriate messages or images, and preserve any physical evidence like inappropriate gifts or notes.

Keep records of how the harassment has affected your work performance, attendance, or emotional well-being. Document any medical treatment you've sought for stress, anxiety, or other conditions related to the harassment. This evidence can support claims for damages and demonstrates the real impact of the harassment on your life and career.

3. Report Harassment Through Proper Channels

Most employers have established policies and procedures for reporting harassment, typically outlined in employee handbooks or company policies. Follow these internal procedures by reporting the harassment to your supervisor, human resources department, or designated complaint officer. Make your report in writing when possible, and keep copies of all documentation you submit.

If your immediate supervisor is the harasser or is involved in the harassment, report to higher-level management or human resources. Don't let concerns about reporting to someone connected to the harasser prevent you from making a complaint. Companies are required to investigate harassment complaints regardless of who is involved.

Be clear and specific in your harassment report, providing details about what happened, when it occurred, and who was involved. Explain how the conduct has affected your work environment and express that you want the harassment to stop. Request that the company investigate the matter promptly and take appropriate corrective action.

Document your employer's response to your harassment complaint, including any investigation conducted, interim measures taken, and final resolution. If your employer fails to investigate properly or take adequate corrective action, this becomes important evidence for potential legal claims. Keep records of any retaliation that occurs after you file your complaint.

4. Understand Your Legal Options and Deadlines

If internal company procedures don't resolve the harassment or if your employer fails to take appropriate action, you have several legal options for pursuing justice. Filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission Civil Rights Division starts the formal legal process and is required before filing most federal discrimination lawsuits.

The EEOC handles complaints involving federal anti-discrimination laws, while the Texas Workforce Commission addresses violations of state employment laws. You must file these complaints within specific deadlines: generally 300 days from the last incident of harassment for EEOC complaints and 180 days for Texas Workforce Commission complaints. Missing these deadlines can permanently bar your ability to pursue federal or state claims.

Private lawsuits in federal or state court may be available after exhausting administrative remedies or in certain circumstances involving state law claims. These lawsuits can result in more comprehensive remedies than administrative proceedings, including compensatory damages for emotional distress, punitive damages, and attorney's fees.

Consider whether your situation might involve multiple victims who could benefit from a class action lawsuit. When harassment is widespread or systemic within a company, collective legal action may be more effective than individual complaints and can result in broader organizational changes to prevent future harassment.

5. Prepare for the Investigation Process

Harassment investigations typically involve interviews with the complainant, the accused harasser, and relevant witnesses. Prepare for your interview by organizing your documentation, creating a timeline of events, and identifying specific questions you want addressed. Be honest and thorough in describing what happened, even if some details are embarrassing or uncomfortable to discuss.

Cooperate fully with the investigation while protecting your own interests. Provide requested documentation and information, but keep copies for your own records. If the investigation seems inadequate or biased, document these concerns as they may become relevant for future legal proceedings.

Understand that investigations can be stressful and may temporarily worsen workplace dynamics. Some employers take interim measures like separating the parties or adjusting work assignments during investigations. While these measures aren't admissions of wrongdoing, they can provide relief while the investigation proceeds.

Be prepared for various potential outcomes from the investigation. Employers might find harassment occurred and take disciplinary action against the harasser, implement new policies or training, or conclude that harassment didn't occur. If you're dissatisfied with the investigation results, you still have options for pursuing external legal remedies.

6. Protect Yourself from Retaliation

Retaliation for reporting harassment is illegal and can result in additional legal claims beyond the original harassment complaint. Employers cannot terminate, demote, reduce pay, change working conditions, or take other adverse actions against employees who report harassment in good faith or participate in harassment investigations.

Document any changes in your treatment after filing a harassment complaint, including alterations in work assignments, exclusion from meetings or opportunities, negative performance evaluations, or hostile treatment from supervisors or coworkers. These changes could constitute illegal retaliation even if they seem minor individually.

Continue performing your job duties professionally despite any ongoing harassment or retaliation. Maintain your work performance standards and document your continued efforts to fulfill your job responsibilities. This evidence can counter any employer claims that adverse actions were based on performance rather than retaliation.

If retaliation occurs, report it immediately through the same channels used for the original harassment complaint. Retaliation complaints can strengthen your overall case and may result in additional damages beyond those available for the underlying harassment claims.

For more information on protecting yourself from workplace retaliation, see our guide on wrongful termination.

Frequently Asked Questions

What makes harassment illegal in Texas workplaces?

Harassment becomes illegal when it's based on protected characteristics like sex, race, religion, age, or disability and is severe or pervasive enough to create a hostile work environment or involves quid pro quo situations.

Do I have to report harassment to my employer before filing a legal complaint?

While not always legally required, reporting harassment to your employer first is generally advisable as it gives them opportunity to address the problem and may be necessary to hold them legally liable for the harassment.

Can I be fired for reporting workplace harassment in Texas?

No, retaliation for reporting harassment in good faith is illegal under both federal and Texas law. Employers who retaliate face additional legal liability beyond the original harassment claims.

What damages can I recover for workplace harassment in Texas?

Harassment victims may recover lost wages, compensation for emotional distress, punitive damages, attorney's fees, and other remedies depending on the specific circumstances and applicable laws.

For help with workplace harassment in Texas, contact us or call (888) 970-8627 to speak with an experienced employment law attorney.