Sexual Harassment Laws in Texas: Your Rights at Work

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, is the primary federal law prohibiting sexual harassment in the workplace. Sexual harassment is a form of sex discrimination under Title VII. The law applies to employers with 15 or more employees, including private employers, state and local government agencies, and educational institutions. The EEOC enforces Title VII.

The EEOC defines sexual harassment as unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to the conduct is made explicitly or implicitly a term or condition of an employee's employment (quid pro quo harassment), or (2) submission to or rejection of the conduct is used as the basis for employment decisions affecting the employee (quid pro quo), or (3) the conduct has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive working environment (hostile work environment harassment).

Quid pro quo harassment occurs when a manager, supervisor, or person in authority conditions employment benefits or continuation of employment on an employee's submission to unwelcome sexual conduct. Hostile work environment harassment involves persistent unwelcome sexual comments, gestures, or physical contact that becomes so pervasive that it affects the terms or conditions of employment or creates an abusive atmosphere.

Under 42 U.S.C. § 2000e-3, retaliation against an employee who opposes discriminatory conduct, files a charge, participates in an EEOC investigation, or supports another employee's harassment complaint is prohibited. Remedies available under Title VII include back pay, front pay, compensatory damages for emotional distress and other harm, punitive damages in cases of intentional discrimination, attorney's fees, and injunctive relief such as reinstatement or policy changes.

Texas does not have a standalone sexual harassment statute. Texas follows the federal Title VII framework exclusively for sexual harassment claims. This means Texas employees have no state law remedy beyond what Title VII provides—there is no separate cause of action under Texas state law.

The Texas Labor Code § 21.001 et seq. establishes the general employment law framework in Texas, including at-will employment principles, but does not address sexual harassment specifically. Texas courts have declined to recognize common law tort claims for sexual harassment separate from Title VII, meaning state courts will not hear standalone harassment claims outside the federal civil rights framework.

Under federal Title VII, employers with 15 or more employees are covered. Because Texas has no state-specific threshold, all Texas employers subject to Title VII—those with 15+ employees—receive the same protections. There is no Texas state law coverage for smaller employers with fewer than 15 employees.

Texas employers are not required to adopt specific anti-harassment policies under state law, though best practices and federal guidance recommend such policies. The lack of a state statute means Texas employees cannot pursue state court remedies separate from EEOC procedures. Additionally, Texas is a non-deferral state, meaning the EEOC does not share jurisdiction with a state agency—employees must file federal EEOC charges.

Retaliation protections exist under federal law (42 U.S.C. § 2000e-3) but are not strengthened by separate Texas legislation. The remedies available—back pay, compensatory damages, attorney's fees—are federal Title VII remedies, not state law enhancements.

Several important exceptions and limitations apply to sexual harassment claims in Texas.

At-will employment doctrine: Texas is a strict at-will employment state. Absent a specific written contract, collective bargaining agreement, or public policy exception, employees may be terminated for any reason or no reason. However, an employer cannot fire an employee in retaliation for reporting sexual harassment or cooperating with an EEOC investigation. Retaliation claims have a separate legal standard and must be proven distinct from the harassment itself.

Independent contractor status: Only employees are protected under Title VII. Independent contractors, volunteers, and interns are generally excluded, though the classification is based on the actual working relationship, not the label used by the employer. If an individual exercises control over their work schedule and manner of performance, they may be classified as an independent contractor regardless of employer designation.

Small employers: Employers with fewer than 15 employees are not covered under Title VII. Texas has no state employment discrimination law to fill this gap, leaving very small employers outside the scope of federal sexual harassment protections. This is a significant gap in Texas law.

Conduct by non-supervisory coworkers: While employers can be strictly liable for harassment by supervisors (quid pro quo or hostile work environment), employer liability for harassment by coworkers depends on whether the employer knew or should have known of the conduct and failed to take corrective action. If an employer has a strong anti-harassment policy, promptly investigates complaints, and takes swift remedial action, the employer may limit liability for coworker harassment.

Separation of employment: Once an employee is terminated, continued harassment does not violate Title VII unless it materially affects the terms and conditions of employment. However, if the termination itself is retaliation for reporting harassment, that is prohibited under 42 U.S.C. § 2000e-3.

Personal relationship defenses: Employers sometimes argue that harassing conduct was consensual or part of a personal relationship. However, the legal standard is whether the conduct was "unwelcome." Even if a relationship was consensual initially, if either party communicates that further conduct is unwelcome and the conduct continues, it may constitute harassment.

Union-represented employees: Employees covered by collective bargaining agreements may have grievance procedures under the union contract. However, union members retain Title VII rights and are not barred from filing EEOC charges.

Step 1: Document everything. Keep a detailed log of each incident of harassment, including the date, time, location, what was said or done, who was present, and any witnesses. Save emails, text messages, or other written communications containing harassing language. Write down the names of any coworkers or supervisors you told about the harassment and when you told them. Take screenshots of offensive messages or posts. Keep this documentation in a secure location outside the workplace, such as a personal email account or external drive, so you retain a copy if you are terminated.

Step 2: Report internally if safe to do so. Most employers have an anti-harassment policy with designated reporting procedures. Report the harassment to your direct supervisor, HR department, or designated compliance officer as outlined in the policy. Put the report in writing (email is acceptable) to create a record. If reporting to the person who is harassing you, report to their supervisor or HR instead. Request written confirmation that your complaint was received. If the company fails to investigate, retaliate, or tells you the conduct was acceptable, document this response as well. Internal complaints are important because they give the employer a chance to remediate and can strengthen your legal case by showing the employer knew of the problem.

Step 3: File with the EEOC. Texas is a non-deferral state, meaning you file directly with the EEOC, not a state agency. The EEOC office serving Texas is the EEOC Dallas District Office. You must file your charge within 180 days of the most recent act of harassment. The filing deadline is strict and cannot be extended except in very limited circumstances. File online at www.eeoc.gov/filing-charge-discrimination, by mail, or in person at the Dallas field office. Include: your name and contact information; the employer's name and address; the dates of harassment; a description of what happened; the basis of discrimination (sex/sexual harassment); and the name of the person or persons who harassed you. You do not need an attorney to file, though consulting one can be helpful. The EEOC will notify the employer that a charge has been filed.

Step 4: Expect the EEOC investigation process. After you file, the EEOC sends a copy of your charge to the employer, who has a period (typically 30 days) to respond to the allegations. The EEOC investigator will contact you and may interview you, request documents from you, and ask you to clarify details of the complaint. The EEOC will also investigate the employer, requesting documentation, policies, personnel records, and witness statements. The investigation typically takes 60 to 120 days, though timelines vary. You will be notified if the EEOC determines there is reasonable cause to believe the employer violated Title VII. If reasonable cause is found, the EEOC offers conciliation (negotiated settlement) before allowing you to sue. If no reasonable cause is found, you receive a Right to Sue letter, which allows you to file a civil lawsuit in federal court within 90 days.

Step 5: Consult an employment attorney. Contact an employment law attorney before or shortly after filing your EEOC charge. An attorney can help you gather evidence, respond to employer investigations, negotiate a settlement, and file a federal lawsuit if necessary. Look for an attorney licensed in Texas with experience in Title VII sexual harassment cases. Many employment attorneys work on contingency, meaning they receive a percentage of your settlement or judgment rather than charging hourly fees upfront. An attorney can advise whether you have a strong claim, estimate potential damages, and represent you throughout the EEOC process and in federal court if litigation becomes necessary.