Texas Harassment Law – Penal Code 42.07

The grounds for harassment claims in Texas differ from those provided under Title VII of the federal Civil Rights Act (Title VII). Specifically, harassment laws in Texas address both civil and criminal conduct that qualifies as harassment.

The majority of sexual harassment claims tend to be resolved in the civil justice system and not the criminal justice system. Texas state law may require harassment claims to be tried before a criminal court if the conduct was intended to cause one of the offenses listed in the Texas criminal statute.

Some common acts that may constitute criminal harassment in the state of Texas include:

• Sending inappropriate gifts of a romantic nature, messages, or electronic communications to another person;
• Harassing a person via email, text, or phone call;
• Physically touching a person in a way that makes them or others uncomfortable;
• Making unwelcome sexual advances towards another person;
• Threatening a person when sexual contact or advances are refused or rejected;
• Requesting sexual favors from another person in exchange for benefits;
• Messaging, displaying, or using inappropriate language or sexually explicit images that either offend others or target a specific person.

As defined by Texas Penal Code Section 42.07, harassment includes a wide variety of actions that are done with the “intent to harass, annoy, alarm, abuse, torment, or embarrass another.” It may include obscene communication, communication that is threatening, or repeated telephone or electronic communications by phone, email, or text messaging. Another form of harassment involves publishing related electronic communications online that are not of a public concern and are likely to cause emotional distress.

A person who engages in this conduct can be charged with a Class B misdemeanor criminal offense. The punishment for conviction is a maximum of 180 days in jail, payment of a fine of up to $2,000, or both payment of the fine and imprisonment.

If a person has a prior conviction for harassment, the subsequent offense is charged as a Class A misdemeanor. Punishment for a Class A misdemeanor is a maximum of 1 year in jail, payment of a fine of up to $4,000 or both imprisonment and payment of the fine.

What Is Civil Harassment in the Workplace in Texas?

Texas employment laws may also allow a class action lawsuit to be filed against an employer by employees who have been subjected to sexual harassment incidents in the workplace. This usually occurs when there are numerous workers who have the same or similar experiences of sexual harassment in their workplace.

They have a similar claim against an employer or supervisor and may be able to pass the certification test required to file a class action lawsuit in a Texas court. A Texas attorney would be able to explain this process.

In addition, recent changes to Texas state law on sexual harassment have made it easier for employees to file sexual harassment claims against an employer. This may be good news for many Texas employees. At the same time, it has left many employers and other upper-level workers in Texas open to legal risks and lawsuits. Some examples of changes that may favor employees are as follows:

• Definition of Employer: The fact that the term “employer” has been expanded to cover supervisors, human resource professionals, business owners, managers, and a few other types of employees when determining liability;
• Time to File a Lawsuit: The new law increases the amount of time that a worker has to file a sexual harassment lawsuit against an employer or another liable worker under the Texas Labor Code;
• Third-parties in the Workplace: The statute now affords protection to workers against third parties affiliated with a company, meaning that workers can sue a third party for harassment (e.g., vendors, consultants, outside businesses, etc.);
• Heightened Standard: Employers are now required to meet a heightened standard under the amended Texas harassment statute, which had originally provided a possible legal defense for employers against such claims.

As evident from the information noted above, in this domain, Texas law may be changing gradually to become more favorable for employees.

What Are Civil Sexual Harassment Claims in Texas?

Generally speaking, there are two primary types of legal claims that a person may file after someone in their place of work has sexually harassed them. These claims are recognized by a federal law, i.e., Title VII. Briefly, Title VII is just one of the many laws that aim to protect employees from sexual harassment and discrimination in the workplace.

In federal law, sexual harassment is a type of sex discrimination that violates Title VII. According to the provisions of Title VII, the two main types of sexual harassment claims are as follows:

• Quid pro quo sexual harassment: “Quid pro quo” is a Lain phrase that translates to “this for that.” It essentially means that one person says they will give another person something they want in exchange for something that the first person wants.
  • As a form of sexual harassment, it means that a supervisor or superior at work tells a subordinate that the subordinate must perform sexual favors for a supervisor or superior in order to win an employment benefit, such as a raise or promotion;
• Hostile work environment sexual harassment: Unlike quid pro quo sexual harassment, incidents of hostile work environment sexual harassment can be carried out by any worker in the company.
  • This type of claim also requires the victim to demonstrate a pattern of creating a sexually charged or offensive atmosphere in the workplace.

Regardless of the type of sexual harassment claim that an employee files, they must be able to provide sufficient evidence of the sexual harassment and must demonstrate that they suffered actual harm as a result of being subjected to sexual harassment in the workplace. Damages may compensate for losses, such as lost wages, loss of earning potential, loss of a promotion, or loss of their job.

In addition, employment sexual harassment can occur in places other than the office. For example, if this kind of behavior takes place during a company outing or while at happy hour, an employee may still have a claim under the law.

Sexual harassment injuries can also happen to anyone, no matter their gender or position within a company. A claim can even be established between two members of the same or opposite genders.

Thus, if a person believes they have been subjected to sexual harassment in the workplace, they should contact a local sexual harassment lawyer for legal advice. A lawyer can discuss the best way to proceed with a person’s sexual harassment claim and can determine whether the laws in Texas state support other types of sexual harassment claims aside from those mentioned in the above list under Title VII.

How Do I File a Harassment Complaint?

The process for filing a harassment complaint in Texas generally requires the following steps:

• An employee must first file a harassment claim with the Texas Workforce Commission (TWC), the state agency that regulates issues in the workplace. The employee has 300 days from the date of the incident to file their harassment claim with the TWC. After 300 days, they would be barred;
• The TWC reviews the employee’s claim and establishes the true and relevant facts through a review of the evidence in order to determine whether harassment occurred. The federal Equal Employment Opportunity Commission (EEOC), which is the federal government agency that regulates issues in the workplace, may review the employee’s harassment claim as well at this stage;
• The TWC rules on the results of its investigation. If they do not find in favor of the employee or if they fail to resolve the issue to an employee’s liking, then the employee may file a private lawsuit against their employer in court;
• The employee must then bring a lawsuit in court. Thus, at this point, they should retain legal counsel to further assist them with this process. Numerous employees may have been subjected to the same or similar harassment conduct as the original employee. If so, a harassment lawyer may also recommend filing a class-action lawsuit.

A person who believes that they have been the victim of harassment may file a claim with the federal Equal Employment Opportunities Commission, which enforces Title VII.

Do I Need a Lawyer for Help with Texas Harassment Laws?

You might believe that you have been the victim of sexual harassment either in the workplace or outside of it. If this is the case, you want to consult a local Texas harassment lawyer before you file a claim for harassment in the state of Texas.

LegalMatch.com can connect you to an experienced harassment lawyer who practices law in your county in Texas and is familiar with the changes to Texas harassment laws. They can advise you of your rights under the new changes.

Your lawyer can also assist you in navigating the proper procedures for filing a sexual harassment claim against your Texas employer and can ensure that you comply with all legal requirements. In addition, if you need legal representation in court or at any other proceedings related to your claim, your lawyer will be able to provide these types of legal services as well.

If you have been the victim of criminal harassment, your lawyer will help you present your situation to Texas law enforcement.