What Laws Protect Texans from Sexual Harassment in the Workplace?

Federal law protects workers from sexual harassment through Title VII of the Civil Rights Act of 1964. This law applies to employers with 15 or more employees and prohibits discrimination based on sex, which includes sexual harassment. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made a condition of employment, is used as a basis for employment decisions, or creates a hostile work environment. Employers can be held liable for sexual harassment committed by supervisors, and may also be liable for harassment by non-supervisory employees or non-employees if they knew or should have known about the harassment and failed to take appropriate corrective action.

Texas state law offers additional protections through the Texas Labor Code Chapter 21, which mirrors many federal protections but applies to employers with as few as one employee as of September 1, 2021. Texas law requires employers to take swift and appropriate action to prevent and address sexual harassment when it occurs. Under Texas law, employers must develop and implement written sexual harassment policies, provide regular training to employees, and establish clear procedures for reporting and investigating complaints. The law also protects employees from retaliation for filing sexual harassment complaints, participating in investigations, or opposing discriminatory practices.

Both federal and Texas law provide mechanisms for employees to seek remedies for sexual harassment, but time is of the essence. At the federal level, employees must file a charge with the EEOC within 300 days of the harassment. In Texas, employees can file complaints with the Texas Workforce Commission Civil Rights Division (TWC-CRD) within 180 days of the incident. Available remedies may include back pay, front pay, reinstatement, compensatory damages, punitive damages, and attorneys' fees. The specific damages available depend on factors such as the size of the employer and the severity of the harassment. Texas law notably allows individual supervisors and managers to be held personally liable for sexual harassment, providing an additional layer of accountability not available under federal law.

If you have experienced sexual harassment in the workplace, you need a skilled attorney on your side. Schedule a free case evaluation with The Holman Firm today.

#employment #employmentlaw #employmentlawyer #austin #texas #sexualharassment