Workplace Harassment Laws in Texas: Rights & Remedies

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits workplace harassment based on race, color, religion, sex, or national origin for employers with 15 or more employees. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623, extends protection to employees 40 and older. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., prohibits harassment based on disability or perceived disability.

Harassment is illegal when it creates a hostile work environment—meaning the conduct is severe or pervasive enough that a reasonable person would find the work environment objectively hostile and the employee subjectively perceived it as such. The conduct must be unwelcome. Single isolated incidents generally do not constitute actionable harassment unless severe; ongoing patterns of conduct are more likely to establish liability.

Employers are strictly liable for harassment by supervisors that results in tangible employment action (termination, demotion, loss of wages). For harassment not resulting in tangible employment action, employers can assert an affirmative defense if they: (1) exercised reasonable care to prevent and promptly correct harassing conduct, and (2) the employee unreasonably failed to take advantage of corrective opportunities. The EEOC enforces Title VII, ADEA, and ADA. Remedies include back pay, front pay, compensatory damages for emotional distress, punitive damages (when applicable), attorney fees, and injunctive relief.

Texas has no state statute prohibiting workplace harassment. Texas does not have a state-level employment discrimination agency equivalent to California's DFEH or New York's Division of Human Rights. Therefore, employees in Texas rely entirely on federal law—Title VII, ADEA, and ADA—for harassment claims based on protected characteristics.

However, Texas common law provides an alternative remedy. Under the Restatement (Second) of Torts § 46, Texas recognizes claims for intentional infliction of emotional distress (IIED). This cause of action applies when: (1) the defendant's conduct is extreme and outrageous; (2) the conduct is intentional or reckless; (3) it causes severe emotional distress; and (4) the emotional distress is reasonably foreseeable. IIED claims do not require the harassment to be based on a protected characteristic—the focus is on the outrageousness of the conduct itself. Courts have found IIED liability in cases of severe, ongoing harassment, threats, or abusive supervision that goes beyond ordinary employment disputes.

Unlike federal law, IIED claims are not limited to employers with 15+ employees and do not require exhaustion of administrative remedies with the EEOC first. However, IIED requires a higher threshold—the conduct must be "extreme and outrageous" rather than merely rude, unkind, or negligent. Additionally, if the harassment is based on a protected characteristic, pursuing both a federal discrimination claim and an IIED tort claim may be possible, but Texas courts have declined to recognize a separate state employment discrimination statute that would provide protections parallel to Title VII.

Texas law recognizes several important exceptions to harassment liability. First, the employer affirmative defense: if harassment did not result in a tangible employment action, employers may avoid liability if they can demonstrate: (1) they exercised reasonable care to prevent and promptly correct the harassing conduct, and (2) the employee unreasonably failed to use available corrective procedures. This means an employer with a clear anti-harassment policy, reporting procedures, and documented investigation and corrective action may escape liability if the employee did not report the harassment through those channels.

Second, at-will employment applies in Texas. Absent a contract or public policy exception, employers can terminate employees for any reason or no reason. This means if an employee is harassed and subsequently terminated, the termination itself (separate from the harassment) is generally lawful under Texas law, though retaliation for reporting harassment may be illegal under federal law.

Third, federal law's "severe or pervasive" standard excludes minor, isolated incidents. A single rude comment, occasional off-color joke, or one-time awkward interaction typically does not constitute actionable harassment. The conduct must be frequent, ongoing, or so severe that it alters the conditions of employment. Fourth, if the employee fails to report harassment through the employer's established procedures and the employer had no actual knowledge of the harassment, the employer may argue lack of notice.

Fifth, IIED claims in Texas are difficult to establish. The conduct must be "extreme and outrageous"—a significantly higher bar than federal harassment standards. Courts have found that even repeated verbal abuse, profanity, and hostile behavior may not meet this threshold if they are within the range of ordinary workplace conflict. Sixth, if the harassment claim is based on conduct that does not implicate a protected characteristic and does not meet the IIED standard, there may be no legal remedy in Texas; personal workplace disputes unrelated to protected status or extreme outrage may not be actionable.

Step 1: Document the Harassment Immediately. Keep a detailed record of every incident: write down the date, time, location, what was said or done, who was present as witnesses, and how it affected you. Save all emails, text messages, voicemails, or other communications from the harasser or witnesses. Use a personal email or cloud storage (not your work account) to preserve these records in case the employer attempts to delete them. Include screenshots of offensive messages and any performance evaluations, emails, or other documents showing the impact on your work. Take photographs if the harassment involved physical conduct or property damage.

Step 2: Review and Invoke Your Employer's Anti-Harassment Policy. Locate your employee handbook or request a copy of the company's anti-harassment and complaint procedures. Most employers with 15+ employees have formal policies requiring written or verbal reporting to Human Resources, a designated manager, or a compliance hotline. Report the harassment to HR or the designated manager in writing (email is acceptable and creates a record). In the email, clearly describe the harassment, identify the harasser, note the dates and impact, and request a prompt investigation. Keep a copy of this report. Employers with reasonable policies and prompt investigation procedures may use this as a defense; by reporting internally, you preserve evidence and give the employer an opportunity to correct the conduct.

Step 3: File an EEOC Charge if the Harassment Involves a Protected Characteristic. You must file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the most recent incident of harassment (Texas does not have a deferral agreement, so the 180-day federal deadline applies). You can file online at www.eeoc.gov/charge or in person at your local EEOC field office. You can also file by mail or phone. Include in your charge: your name and contact information, the employer's name and address, the date the harassment began and ended, a clear description of the harassing conduct, the names of the harasser(s) and witnesses, and the bases for the harassment (race, sex, age, disability, religion, national origin, etc.). You do not need an attorney to file; the EEOC does not require a fee.

Step 4: Participate in the EEOC Investigation. After filing, the EEOC will send your charge to the employer, who has the opportunity to respond. The EEOC investigator will contact you and may ask for additional information, witness names, and documentary evidence. The investigation typically takes 30–180 days, though timelines vary. The EEOC will interview the respondent (employer), the alleged harasser, and witnesses. Cooperate fully and provide all documentation you have. After investigation, the EEOC issues a determination: either "cause" (reasonable cause to believe discrimination occurred) or "no cause." If "cause," the EEOC may attempt conciliation; if that fails, they may file suit on your behalf (rare) or issue a "right-to-sue" letter, which you need to file your own lawsuit.

Step 5: Consider Filing a Lawsuit or Settling. If you receive a right-to-sue letter, you have 90 days to file a lawsuit in federal district court (or state court, if appropriate). At this stage, consult with an employment law attorney who handles federal discrimination cases. An attorney can evaluate the strength of your case, advise on damages (back pay, front pay, compensatory damages for emotional distress, punitive damages, and attorney fees), and negotiate a settlement. If the harassment was severe and involved physical conduct, extreme abuse, or ongoing conduct causing documented emotional injury, you may also pursue a common law claim for intentional infliction of emotional distress in state court, which does not require EEOC filing and can be filed separately. An attorney can advise on whether combining federal and state claims is strategically advantageous.