Under Texas employment laws, sexual harassment is behavior, including inappropriate sexual acts or remarks, such as advances, that are directed at an employee due to their gender. In order to qualify as sexual harassment, the individual to whom the behavior is directed has to find that behavior unwelcome.
It is important to be aware that the behavior does not have to be explicitly sexual in nature. Sexual harassment is also a type of employment discrimination. In the context of the workplace, the sexual harassment has to interfere with the victim being able to perform their job duties.
It may also arise when an individual’s unwelcome conduct creates a work environment that is intimidating, hostile, or offensive. One example of sexual harassment at work is when a promotion is offered contingent on providing sexual harassment or requests.
Sexual harassment may also arise when not submitting to an advance or a request is the basis of a negative personnel decision, such as termination of employment or demotion. Examples of specific behaviors that may be sexual harassment include:
- Jokes
- Innuendo
- Insulting or degrading references based on gender
- Unwanted gestures
- Unwanted touching
If a worker thinks they have been a victim of sexual harassment at work, they should be aware of how to file a complaint. First, the worker should notify their employer as soon as they can.
After the victim makes a complaint with their employer, the employer can conduct an investigation. When an individual is a victim of sexual harassment, they should take the following steps:
- Writing down the details about specific incidents
- This includes the offensive behavior, the date and time, possible witnesses
- Keep documentation of all harassment incidents
- Harassers can use many means, including emails, text messages, and letters
- A victim should keep all of these as potential evidence
- Report any harassment incidents to the employer’s human resources department or the proper agency designed by the employer to take complaints
- Asking human resources to document harassment in the worker’s personnel file
All of this documentation can be used to support an individual’s harassment complaint. When they file a complaint, the employer should review it and conduct an investigation.
This will include interviewing the victim as well as the harasser. The investigation may also include interviewing individuals who were witnesses to the conduct.
If an individual is considering filing a sexual harassment claim, has already filed a claim, or is having any issues related to their claim in Texas, it is important to consult with a Texas attorney.
How Do I Know if Am I Victim of Sexual Harassment in the Workplace?
There is no specific definition of what separates sexual harassment behaviors from behaviors that are not considered sexual harassment. There are certain actions that can constitute sexual harassment, including when:
- The conduct is undesired
- The conduct makes the victim feel threatened or intimidated
- The behavior has a high intensity or is severe
- The behavior pervades in the workplace or is pervasive
- This type of behavior is not limited to the workplace, as it may also occur during off hours
- Conduct will be considered pervasive if it continues after a victim complains, either to the harasser or human resources
- The conduct affects the worker’s ability to do their job, for example, if:
- The worker’s job performance is going down
- They have to come in late or leave early to avoid the harasser
- They have to seek medical attention
- The worker suffers physically
- The worker refuses advancement opportunities
- Their worker performance declines so much that it results in their termination or demotion
It is important to be aware that none of these factors prove that sexual harassment occurred. As a general rule, the more pervasive, frequent, severe, or unwelcome the harassment, the more likely a court will find the harassment was sexual harassment.
An individual can consult with an attorney, called a workplace sexual harassment attorney or a lawyer for sexual harassment, who can determine if they have been a victim of sexual harassment and take steps to remedy the issues.
What Are the Different Kinds of Sexual Harassment Claims?
Until recent years, there was only one type of sexual harassment claim that was recognized under the law, called quid pro quo, which means, “something for something.” This type of harassment occurs when an individual who is in a position of power, such as a supervisor, requests or demands sexual favors in return for promotions, pay raises, or other job benefits.
In order to constitute this type of harassment, the supervisor must state that if the worker does not submit to their request, they will suffer negative job consequences. The worker does not have to accept or deny the request, the demand itself is sufficient to constitute quid pro quo sexual harassment.
The Supreme Court of the United States also recognized a second form of sexual harassment, called hostile work environment sexual harassment. In these cases, the worker must show that the worker environment was a hostile one because of the harassment.
Factors that a court will consider to determine if hostile work environment sexual harassment occurred include:
- How often the harassment occurred
- The severity of the harassment
- Whether the harassment humiliates the victim
- Whether harassment physically threatens the victim
- Whether the harassment unreasonably interferes with the worker being able to perform their work
In order for a worker to show that harassment occurred, the worker themselves must find the environment to be hostile and that an objectively reasonable person would reach the same conclusion. This means that it is not sufficient for the worker themselves to find the workplace hostile, they must show that an average and neutral objective person would also find the environment to be hostile.
Can I Sue My Employer if I’m a Victim of Sexual Harassment in the Workplace?
In Texas, before a worker who is a victim of sexual harassment can file a lawsuit against their employer, they must file a complaint with a government agency. A lawyer can help a worker determine the proper agency, whether that is a state agency or the Equal Employment Opportunity Commission (EEOC).
Once an agency receives a complaint, it investigates the claims. The EEOC may file a lawsuit on behalf of the worker but does not do so in all cases.
If a worker wants to file a lawsuit prior to the completion of the investigation, they will need a Notice of Right-to-Sue letter from the EEOC. The EEOC may deny the request if it believes it can settle the case.
Typically, the EEOC will only provide this letter after the investigation is complete or the complaint was dismissed. If more than 180 days have passed since an individual filed their complaint, the EEOC has to provide the letter.
Once a worker receives their Right to Sue letter, they have to file a lawsuit within 90 days. For more information on how to file a sexual harassment lawsuit against an employer in Texas, it is important to consult with an attorney.
Do I Need a Lawyer to File a Sexual Harassment Claim?
If you think that you have been the victim of sexual harassment in your workplace in Texas, you should consult with a sexual harassment lawyer in Texas as soon as you can. Your attorney will review your case, give you advice on the ways you can proceed, as well as represent you during any agency or court proceedings.
LegalMatch provides you with a no cost, easy, and convenient way to find a lawyer in your area of Texas who can help you with any sexual harassment issues you may be having in your workplace. It only takes around 15 minutes to submit your Texas workplace harassment issue on the website and you will get responses from member attorneys in around 24 hours.
