Sexual harassment and assault remain significant issues in workplaces across the state, impacting the safety and well-being of countless employees. These behaviors violate personal boundaries and contravene state and federal laws to protect employees.
Understanding the dynamics of Texas workplace sexual harassment, recognizing the signs, and knowing how to respond is crucial for maintaining a safe working environment. Read on to learn more about the complex nature of these issues and what you can do if you have been sexually harassed or assaulted at work.
Defining Sexual Harassment and Assault in the Workplace
In Texas, workplace sexual harassment includes any:
- Requests for sexual favors,
- Unwelcome sexual advances, and
- Other verbal or physical conduct of a sexual nature.
The caveat is this conduct explicitly or implicitly:
- Affects your employment;
- Unreasonably interferes with your work performance; or
- Creates an intimidating, hostile, or offensive work environment.
Sexual harassment differs from assault, which involves physical contact or behavior that is intended to harm or intimidate.
Examples of Prohibited Behavior
Sexual harassment can manifest in various forms, ranging from lewd comments and jokes to inappropriate physical touching. It might be as blatant as an employer demanding sexual favors in exchange for a promotion (quid pro quo) or as subtle as pervasive inappropriate remarks that make the workplace environment uncomfortable for you.
Examples of assault in the workplace might include unwanted physical contact ranging from touching or groping to more severe acts of physical violence with sexual intent.
Understanding these definitions is the first step for employees and employers in properly identifying and addressing workplace misconduct.
Legal Protections Against Sexual Harassment in Texas
Texas workers have protections under both state and federal laws from sexual harassment and assault in the workplace.
State and Federal Laws
Under Texas law, sexual harassment is considered a form of discrimination. It is prohibited under the Texas Labor Code Chapter 21. Texas labor laws align closely with federal laws such as Title VII of the Civil Rights Act of 1964. These laws apply to employers with 15 or more employees, including state and local governments. They also cover private and public colleges, universities, employment agencies, and labor organizations.
Available Legal Recourse
Victims of workplace sexual harassment can file a complaint with the Texas Workforce Commission (TWC) or the federal Equal Employment Opportunity Commission (EEOC) within 180 days of the incident. These agencies can investigate your claims. If they find evidence of harassment, they can require the employer to remedy the situation. Additionally, you may be able to file a lawsuit in state or federal court. Seeking legal advice immediately after an incident can help you better understand your rights and the appropriate enforcement steps.
Related: A Victim’s Guide to Sexual Assault Civil Lawsuits in Texas
Reporting Procedures and Employer Responsibilities
Navigating the reporting process can be daunting when you’re the victim of workplace sexual harassment. Clear procedures and responsive employer actions are crucial in handling these sensitive situations effectively.
How to Report Sexual Harassment as an Employee
As an employee, you should first check whether your workplace has a specific protocol for reporting sexual harassment. The protocols often involve reporting the incident to a direct supervisor, human resources representative, or a designated compliance officer. If your company doesn't have a formal procedure or your supervisor is harassing you, file a complaint directly with the TWC or EEOC.
Employer Responsibilities
Texas employers are legally required to investigate any reports of sexual harassment and take prompt corrective action to stop the harassment and prevent its recurrence. This action may include:
- Reassigning or disciplining the harasser,
- Providing training to staff, and
- Making changes to company policies.
Employers can protect their employees and foster a workplace environment based on respect and safety by establishing clear reporting procedures and fulfilling their legal responsibilities.
Navigating the Legal Process
If you or someone you love is a victim of Texas workplace sexual harassment, you have several avenues for seeking justice and remediation. As discussed, the first step for many employees is to file a formal complaint. Once you file the complaint, the government agency will conduct an investigation. They may interview multiple parties and review documents, including emails and text messages. If there is evidence of harassment, the agency can issue a right-to-sue letter, which allows you to file a lawsuit in either state or federal court.
Supporting Victims and Creating Safe Workplaces
Beyond legal recourse, both employers and coworkers can take proactive steps to support victims and create a safe and respectful workplace environment. Aside from strong anti-harassment policies and regular training, a confidential reporting system must be provided.
Workplaces should provide access to counseling and support services for victims of harassment. Creating partnerships with local advocacy groups and providing resources about rights and remedies can also be beneficial. Additionally, establishing a supportive culture that encourages open communication and mutual respect can help prevent harassment.
Contact Grossman Law Offices
Addressing and preventing Texas workplace sexual harassment is fundamental to creating a safe and productive workplace. If someone at your work has sexually harassed you, know that you are not alone. Grossman Law Offices has years of combined legal experience helping injury victims get the justice they deserve.
We are dedicated to supporting victims of workplace harassment and can provide you with the legal guidance needed to navigate this challenging situation. Contact us today to learn how we can help you advocate for your rights and achieve a resolution that respects your dignity and safety.
