Sexual Harassment Lawyer in Texas: Understanding Your Rights

sexual harassment lawyer in texas houston

Sexual harassment in the workplace is a pervasive issue that can affect employees in every industry. Whether it manifests as unwelcome advances, discriminatory behavior, or a hostile work environment, sexual harassment violates state and federal laws. If you’ve experienced this form of workplace misconduct, consulting a sexual harassment lawyer in Texas is a vital step in protecting your rights and pursuing justice.

My Firm has represented individuals in sexual harassment cases in the workplace numerous times. The issues are often delicate and require experience to handle complex issues such as privacy, defending against victim blaming, and pursuing the law to the maximum extent.



What is Sexual Harassment?

Sexual harassment is defined as unwelcome behavior of a sexual nature that creates an intimidating, hostile, or offensive work environment. It can include verbal, physical, or visual conduct, and courts recognize two primary forms of harassment:

  • Quid Pro Quo Harassment: Occurs when job benefits such as promotions or continued employment are conditioned on the acceptance of sexual advances.
  • Hostile Work Environment: Happens when harassment is severe or pervasive enough to interfere with an employee’s ability to perform their job. For example, your coworker might be watching porn in the workplace.

Both forms of harassment must involve unwelcome behavior to qualify as unlawful.

Protections Against Sexual Harassment in Texas

Title VII of the Civil Rights Act of 1964

Federal law prohibits sexual harassment as a form of sex discrimination under Title VII. The Equal Employment Opportunity Commission (EEOC) investigates claims of harassment filed within the required timeline. Victims must act quickly, as deadlines range from 180 to 300 days depending on the jurisdiction. However, it is important to consult with a Texas employment lawyer in order to correctly calculate these deadlines.

The Texas Labor Code

The Texas Labor Code offers a bit more protection than federal law, extending protections from sexual harassment to workplaces with one or more employees. . Complaints filed under state law are investigated by the Texas Workforce Commission (TWC). Filing a complaint within the designated time frame is crucial to preserve your claim.

Examples of Sexual Harassment in the Workplace

Gender Harassment

This type of harassment involves hostile or discriminatory behavior toward an individual based on their gender. It may include offensive remarks, slurs, or derogatory jokes that demean someone’s gender identity or role. Even if the harasser claims it was meant as humor, such behavior can degrade the workplace atmosphere, creating discomfort and unease for the targeted employee. Over time, this hostility can lead to reduced morale and productivity.

Bribery for Sexual Favors

Also known as quid pro quo harassment, this occurs when a person in a position of authority offers work-related benefits—such as promotions, raises, or high-profile assignments—in exchange for sexual favors. Even if the employee rejects the advance, the act of proposing such a transaction constitutes harassment. This form of harassment exploits power dynamics and can leave employees feeling pressured, humiliated, and powerless.

Sexual Assault

Sexual assault is the most severe form of harassment, involving unwanted and often aggressive physical contact, such as groping, fondling, or even rape. Sexual assault is not only a workplace violation but also a criminal offense. Victims may seek legal recourse through civil lawsuits or criminal charges. Employers are responsible for creating a safe environment and must take immediate action to investigate and address any allegations.

Coercion

Coercion occurs when a superior uses threats to pressure an employee into engaging in sexual acts. Threats may include termination, demotion, or other negative consequences if the employee refuses. This form of harassment manipulates the employee’s fear of losing their job, often leading to anxiety, stress, and emotional trauma. Employers must have clear policies in place to protect employees from such abuses of power.

Unwanted Advances

Unwanted advances include repeated, unwelcome attempts to initiate a romantic or sexual relationship. Examples include persistent invitations for dates, flirtatious remarks, or attempts to engage in personal conversations despite clear rejection. When these behaviors persist, particularly in a power-imbalanced relationship, they create a hostile work environment.

Favoritism in the Workplace

Favoritism occurs when an employee receives special treatment, such as promotions or desirable projects, because of a personal or sexual relationship with a superior. This form of harassment undermines fairness in the workplace, leading to resentment and morale issues among other employees. Favoritism not only disrupts the work environment but may also expose employers to legal liability.

Sexual Harassment Using a Camera or Video Camera

This form of harassment involves secretly recording someone for sexual purposes without their knowledge or consent. Hidden cameras in private spaces, such as bathrooms or changing rooms, are clear violations of both workplace policies and privacy laws. Employers must take swift action against perpetrators to ensure a safe and respectful environment.

Inappropriate Images

This includes displaying, sharing, or sending explicit or sexually suggestive images, whether digitally or physically, in the workplace. Examples include sharing pornographic content, inappropriate memes, or placing offensive posters in common areas. Such actions create discomfort and can contribute to a toxic work environment.

Obscene Gestures

Obscene gestures involve making lewd hand signals or mimicking sexual acts. Even if intended as a joke, such behavior can be deeply offensive and create an intimidating atmosphere for colleagues. Employers should have clear policies in place to prevent and address such conduct.

Unwanted Touching

Any form of physical contact that is unwelcome, such as hugging, patting, or brushing against someone without their consent, qualifies as unwanted touching. Even seemingly minor acts can be inappropriate when they make the recipient uncomfortable or feel violated. This type of behavior is a serious form of harassment and can have legal consequences if not addressed.

What is unwanted touch called?

Unwanted touch is often referred to as unwanted physical contact or inappropriate touching in legal and workplace contexts. It encompasses any physical interaction that is non-consensual and makes the recipient feel uncomfortable, unsafe, or disrespected. Employers must take immediate action to investigate and prevent such incidents to maintain a safe and respectful workplace.

Whether intentional or not, unwanted touching can lead to claims of harassment, making it essential for organizations to have strict policies in place to discourage and address such behavior.

Invading Personal Space At Work

This occurs when someone repeatedly invades another person’s personal space, standing too close or cornering them in a manner that makes them uncomfortable. When combined with other inappropriate behaviors, personal space invasion can be a form of harassment that causes significant distress.

Harassing Text Messages

Sending persistent, inappropriate, or sexually suggestive text messages to a coworker, even outside of work hours, constitutes harassment. This includes sexting, repeated invitations for personal meetings, or making inappropriate comments via SMS or messaging apps.

Social Media Stalking

Social media stalking involves using online platforms to monitor, follow, or contact a coworker without their consent. Examples include sending excessive private messages, commenting excessively on posts, or attempting to gather personal information. This behavior extends harassment beyond the workplace, making it difficult for the victim to feel safe even in their personal life.

Inappropriate Workplace Behavior

This broad category includes behaviors such as telling explicit jokes, making sexual comments, or sharing inappropriate stories during work hours. Even if not directed at a specific individual, such actions can create a hostile environment for others.

Each Situation Is Unique

The specific facts and context often determine whether behavior rises to the level of illegal harassment. However, employers must take all complaints seriously and create a work culture where harassment is not tolerated. Clear policies, regular training, and prompt disciplinary actions are key to fostering a safe workplace

Is same-sex sexual harassment illegal?

Yes, sexual harassment laws protect employees regardless of the harasser’s gender. The Supreme Court affirmed this in Oncale v. Sundowner Offshore Services, Inc., recognizing that harassment “because of sex” includes same-sex incidents.

How Can a Sexual Harassment Lawyer in Texas Help?

A skilled sexual harassment lawyer in Texas can provide invaluable support by:

  • Assessing Your Case: Determining whether your experiences qualify as illegal harassment under state or federal law.
  • Filing Complaints: Assisting with claims filed through the EEOC or TWC within required deadlines.
  • Representing You: Advocating on your behalf during negotiations, administrative hearings, or court proceedings.
  • Securing Compensation: Helping you recover damages for lost wages, emotional distress, and other losses.

Common Challenges in Sexual Harassment Cases

Bringing a sexual harassment claim often involves overcoming challenges such as:

  • Proving Unwelcome Behavior: Demonstrating that the conduct was not consensual.
  • Retaliation: Ensuring that employers do not retaliate against employees for reporting harassment.
  • Statutory Deadlines: Filing claims within the required time limits to preserve your rights.

A Texas sexual harassment lawyer can navigate these complexities to strengthen your case and maximize your chances of success.

When to Contact a Sexual Harassment Lawyer in Texas

If you’ve been subjected to sexual harassment in the workplace, time is of the essence. Federal employees have just 45 days to file a complaint, while private employees may have up to 180 or 300 days depending on the circumstances. An attorney can help ensure all deadlines are met and guide you through the legal process.

FAQs About Sexual Harassment in Texas

Can You Sue for Sexual Harassment in Texas?

Yes, you can sue for sexual harassment in Texas. Under both federal law (Title VII of the Civil Rights Act of 1964) and state law (Texas Labor Code, Chapter 21), employees are protected from sexual harassment in the workplace. Victims of sexual harassment can file a lawsuit against their employer if the employer failed to take appropriate action after being made aware of the harassment.

Before filing a lawsuit, it’s essential to file a complaint with either the Texas Workforce Commission (TWC) or the Equal Employment Opportunity Commission (EEOC). The agency will investigate the claim, and if they find sufficient evidence, they may issue a “right to sue” letter, allowing the victim to take the case to court. Damages in a sexual harassment lawsuit can include compensation for emotional distress, lost wages, punitive damages, and attorney’s fees.

It’s advisable to consult a Texas employment lawyer who can guide victims through the process, ensuring their rights are protected and helping them pursue the compensation they deserve.

 

What qualifies as sexual harassment?
Sexual harassment includes unwelcome sexual advances, verbal or physical conduct, and actions that create a hostile work environment.

Can a coworker harass me, or does it have to be a manager?
Any employee, supervisor, or even a third party can commit sexual harassment. Employers have a duty to address complaints regardless of the harasser’s role.

What should I do if I’m being harassed at work?
Seek legal advice from a sexual harassment lawyer in Texas.

What damages can I recover in a sexual harassment case?
Victims may recover compensation for lost wages, emotional distress, legal fees, and punitive damages in some cases.

Can I file a claim anonymously?
While it’s difficult to file anonymously, your attorney can take steps to protect your privacy during the process.

Contact a Sexual Harassment Lawyer in Texas

If you’ve experienced sexual harassment in the workplace, consulting a sexual harassment lawyer in Texas is crucial. Protect your rights, explore your options, and take action to secure justice. Contact me today to schedule a consultation and start the process.

For additional employment information visit the Employment Law Home Page

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