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Hostile Work Environment in Texas: What It Is and What You Can Do About It

A toxic workplace isn’t just bad for morale—it can also be illegal. If you’re constantly subjected to offensive comments, discrimination, or intimidation at work, you may be facing what’s known as a hostile work environment. But under Texas law, not all bad behavior is considered unlawful. So how do you know if your situation qualifies—and what steps should you take?

At The Lange Firm, we help employees across Texas understand their rights, gather evidence, and take legal action when necessary. This blog will walk you through the key elements of a hostile work environment claim, the legal protections available under Texas and federal law, and how to take action if you believe your employer has crossed the line.

What Is a Hostile Work Environment?

A hostile work environment is a legal term used to describe a workplace where discriminatory conduct is so severe or pervasive that it creates an abusive environment for employees. The behavior must be based on protected characteristics, such as:

• Race

• Sex

• Age

• Religion

• Disability

• National origin

The conduct must be more than occasional rude remarks or mild annoyances. It needs to be frequent, severe, and interfere with your ability to work.

Hostile Work Environment vs. Unpleasant Workplace

It’s important to understand that Texas law doesn’t prohibit general incivility. Just because a supervisor is rude or coworkers gossip doesn’t mean the law has been broken.

To have a valid legal claim for a hostile work environment, the offensive conduct must:

• Target you because of your membership in a protected class

• Be ongoing or frequent

• Negatively impact your work performance or mental health

• Be something that a reasonable person would consider offensive or abusive

Common Examples of a Hostile Work Environment

Here are some behaviors that may contribute to a hostile work environment when based on a protected class:

• Racial slurs or offensive jokes

• Sexual harassment, including comments or unwanted advances

• Repeated derogatory comments about religion or national origin

• Mocking or belittling a disability

• Persistent age-related insults

• Physical threats or intimidation tactics

• Retaliation after filing a complaint or participating in an investigation

Even if these behaviors aren’t directed only at you, they can still create a hostile environment if they’re pervasive and tolerated by management.

Texas Laws Governing Hostile Work Environments

Texas employees are protected from workplace harassment under both state and federal law. These include:

Title VII of the Civil Rights Act of 1964

Prohibits workplace harassment based on race, color, religion, sex, and national origin.

The Texas Labor Code Chapter 21

Offers state-level protections similar to federal law, and applies to businesses with 15 or more employees.

The Age Discrimination in Employment Act (ADEA)

Protects employees over the age of 40 from age-based discrimination or harassment.

The Americans with Disabilities Act (ADA)

Protects workers with physical or mental disabilities from harassment or discrimination.

Proving a Hostile Work Environment Claim

To file a successful hostile work environment claim in Texas, you’ll need to prove:

1. You are part of a protected class.

2. You were subjected to unwelcome, discriminatory conduct.

3. The conduct was severe or pervasive enough to create an abusive environment.

4. Your employer knew or should have known about the conduct and failed to act.

Documentation is critical. Save emails, messages, and witness statements, and report the harassment through your employer’s complaint process whenever possible.

What Should You Do If You’re Experiencing a Hostile Work Environment?

If you believe you’re dealing with a hostile work environment in Texas, take the following steps:

1. Document Everything

Keep a record of incidents, dates, locations, and people involved. Save offensive communications or write down exactly what was said.

2. Follow Company Policy

Most employers have internal complaint procedures. File a report with HR or your supervisor. This helps show you gave the employer a chance to fix the issue.

3. File a Complaint with the EEOC or TWC

If the behavior doesn’t stop, you can file a charge with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC). This is often required before you can sue your employer.

4. Contact a Hostile Work Environment Attorney

Working with an attorney—like those at The Lange Firm—can help ensure you meet deadlines, gather evidence, and protect your rights every step of the way.

Retaliation Is Also Illegal

Texas law also protects employees from retaliation for reporting harassment or participating in an investigation. If you’re fired, demoted, or otherwise punished after speaking up, you may have a separate legal claim for retaliation.

What Damages Can You Recover?

If you win a hostile work environment claim in Texas, you may be entitled to:

• Back pay (lost wages and benefits)

• Front pay (for future lost wages)

• Emotional distress damages

• Legal fees and court costs

• Punitive damages in some cases

The Lange Firm Can Help You Reclaim a Healthy Work Environment

At The Lange Firm, we specialize in Texas workplace harassment cases and help employees stand up to illegal treatment. We offer:

• Free initial consultations

• Confidential case evaluations

• Aggressive legal strategies

• Guidance for both federal and state claims

We’re committed to helping you restore dignity and fairness to your workplace.

Final Thoughts

A hostile work environment isn’t just uncomfortable—it can be emotionally and financially damaging. Texas law offers powerful tools to protect employees, but you need to understand your rights and act quickly.

If you believe you’re working in a hostile environment, don’t wait. Contact The Lange Firm today to discuss your case and find out if you have a legal claim.