Sexual Harassment

Sexual harassment is an ongoing problem in Texas workplaces despite decades of employment discrimination laws prohibiting it. You deserve to go to work without the fear that your job will be put on the line because of another person’s sexual interest or willingness to make you uncomfortable at work. If you experience sexual harassment at work, then you should talk to a Texas employment lawyer right away.Ā 

What is sexual harassment under federal and Texas law?

Sexual harassment is a form of gender discrimination or sex discrimination prohibited by federal, Texas and some municipal laws. Employees who suffer sexual harassment at work can pursue claims against their employers and in some cases the offender directly. Sexual harassment involves unwelcome and offensive conduct based on sex or gender. That conduct includes:

  • Sexual or romantic comments
  • Unwanted sexual or romantic advances
  • Requests for sex acts or dates
  • Threats if you do not accept sexual or romantic advances
  • Unwelcome physical touching or groping
  • Sexual images, books or magazines, memes in the workplace
  • Sexual or romantic texts, emails, or direct messages
  • Mocking, impersonations and “jokes” of a sexual nature

Sexual harassment can be perpetrated by members of either sex against the opposite sex or same sex. Perpetrators may be supervisors, business owners, coworkers, customers, clients, or outside vendors. Victims of harassment at work can include both employees and job applicants.Ā 

Employment discrimination laws prohibit sexual harassment in two forms:

  1. Quid pro quo sexual harassment
  2. Hostile work environment

Quid pro quo sexual harassment

Quid pro quo sexual harassment occurs when an employer bases an employment decision on the employee’s willingness or lack of willingness to engage in sexual or romantic acts with a supervisor. Quid pro quo is a “tit for tat” exchange. This form of sexual harassment often involves a supervisor promising a job, promotion, pay raise, or job assignment in exchange for sexual favors or dates. Alternatively, a supervisor may threaten to demote, fire, or otherwise negatively effect your job if you refuse the supervisor’s advances.Ā 

A proposed exchange is still unlawful sexual harassment even if the employee does not submit to the supervisor’s request for sexual favors or a romantic affair. The unlawful conduct is the request by the employer, not the employee’s response. It is enough for the supervisor to promise future benefits if you would just be more receptive to the supervisor’s advances.Ā 

Hostile work environment claims

Sexual harassment can also take the form of a hostile work environment. An employer creates a hostile work environment when you are subject to unwelcome, severe or pervasive offensive conduct based upon your sex or gender. Hostile work environment claims require proving several elements:

  • You are subject to unwelcome sex-based conduct that you find offensive; and
  • A reasonable person would also find offensive;Ā 
  • That is severe or pervasive;
  • That makes the workplace intimidating, hostile, or abusive; and
  • Enduring the offensive conduct becomes a condition of continued employment; or
  • it results in an adverse employment action.

Under this standard single acts or stray comments generally do not rise to the level of severe or pervasive unless they involve unwelcome physical contact. The offensive conduct does not have to include touching. Derogatory comments, slurs, jokes, ridicule, mockery, offensive objects or photos and interference with your work performance can all be part of the offensive conduct that creates a hostile work environment.Ā 

A hostile work environment can be created by anybody in the workplace. Managers can create or participate in it, along with coworkers, clients, customers, or outside business partners. Even if managers or coworkers do not participate in the hostile work environment, employers have a duty to maintain a workplace free from harassment.Ā 

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Laws prohibiting sexual harassment in Texas workplaces

Sexual harassment is unlawful under Title VII of the Civil Rights Act of 1964. Title VII prohibits sex discrimination, including sexual harassment. The statute creates a framework for the Equal Employment Opportunity Commission (EEOC) to investigate and regulate sex discrimination in workplaces across the nation. Title VII applies to all government employers and private sector employers with fifteen or more employees.

Texas employees also enjoy protections from sexual harassment under Chapter 21 of the Texas Labor Code. Prior to 2021 the state anti-discrimination law closely mirrored Title VII. Under a bill passed in 2021, Texas employees enjoy stronger protections from sexual harassment under state law than Title VII. Under the new law, private employers are liable for sexual harassment regardless of the number of employees. Additionally, the 2021 statute clarified that Texas law allows the victim to pursue the employer as well as individuals involved in sexual harassment. Perhaps most importantly, the 2021 law also requires employers to take immediate action to stop sexual harassment if they know or should have known it was occurring. This is a stricter standard than federal law. Under Title VII an employer can raise a defense to a sexual harassment claim by alleging it took prompt remedial action. In addition to Chapter 21 of the Texas Labor code, many of the larger cities in Texas have municipal ordinances prohibiting sexual harassment.

What do I do if I am sexually harassed at work?

It is easy to act rashly when confronted with sexual harassment at work. It can be an embarrassing, degrading, humiliating and even dangerous situation. If you feel like you are being sexually harassed, then you should talk to a Texas employment lawyer right away about the situation. Do not wait until the situation becomes unbearable and you feel you have no choice but to act suddenly or rashly at work. Your lawyer can advise you on how to protect yourself and your claim. It may be necessary to first inform appropriate members of management of the situation and give your employer the opportunity to remedy the situation.Ā 

Additionally, under Title VII and the Texas Labor Code, you must follow specific procedures to pursue a sexual harassment claim. Both state and federal law require you to file a charge of discrimination with the appropriate administrative agency. For most employees in Texas you must file the charge within 300 days but for federal employees the time period can be as brief as forty-five days. If you do not satisfy the administrative requirements of the statutes, then you cannot file a lawsuit against your employer. Your lawyer can advise you on the necessary process and time period to act to protect yourself.Ā 

Retaliation

In addition to suffering sexual harassment, sometimes employees face further retaliation for sticking up for themselves. You may face retaliation by a supervisor for rejecting sexual or romantic advances. You may also face retaliation for reporting harassment internally or pursuing a harassment claim. This retaliation may involve aggravating a hostile work environment, creating a hostile work environment, or taking an adverse employment action like demoting or firing you. It is unlawful for your employer to retaliate against you for opposing sexual harassment or engaging in a protected activity against harassment.

If your employer retaliates against you, then you have an independent claim against your employer for retaliation. Like a sexual harassment claim, you must file a charge of discrimination before you can file a lawsuit for retaliation.Ā 

Get help from a sexual harassment lawyer in Texas

If you suffered or continue to suffer sexual harassment at work you should schedule a consultation with an employment attorney right away. You may want to find a way to keep your job without suffering degrading harassment or you may want to leave and find a job where you can be treated with respect. No matter your goals, this is a difficult situation and your legal claims require an experienced advocate to guide you through the process. An experienced employment attorney can help you understand and protect your rights. Don’t wait to seek help with your legal case. Contact a lawyer near me today to schedule a consultation.

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