When dealing with workplace sexual harassment employees need to have access to the information and guidance to protect themselves, their rights, and seek the justice they deserve. This is why understanding Texas sexual harassment laws is of the utmost importance when dealing with the difficulties of sexual harassment situations. Throughout this blog, our Arlington, TX workplace sexual assault lawyer will define what qualifies as sexual harassment, parts of the reporting process, prevention, and certain damages that can be recovered in the process.
To begin let’s go over what exactly qualifies what is sexual harassment. Under title VII of the Civil Rights Act of 1964 sexual harassment has been deemed unlawful discrimination and it applies to all employers with an employee size of 15 and up. Another important definition that will provide clarity of specific examples of workplace sexual harassment is the Equal Employment Opportunity Commission’s definitions. The following are examples of what the EEOC defines workplace sexual harassment:
- Any request for sexual favors at the workplace
- Exchanging employment benefits or other perks for sexual favors
- Threats involving keeping or acquiring a job with lack providing a sexual favor
- Any phone calls that can be classed as harassing, such as crude sexual language or requests
- Inappropriate love letters sent in the workplace
- Inflammatory language to any individual in the workplace
- Any form of inappropriate physical contact such as groping or touching, or any physical contact that disrupts the workday
- Any visual conduct that is undesired including behavior such as drawings, degrading, cartoons, emails, photos, etc.
Thankfully in both Texas and National laws protect all employees from pervasive or severe contact. However, unfortunately isolated comments or gestures may not be legally punishable or unlawful. For the most part for something to be legally actionable, it needs to be widespread. That said there are some acts that are more severe than others from a legal point of view and some sexual harassment only needs to happen once for it to be legally punishable. An example of this is quid pro quo harassment, where the employer requests sexual favors in exchange for something in the workplace. This act is fully illegal and only needs to happen one time to be legally punishable.
Now I will go over parts of the sexual harassment reporting process in the workplace. In most cases the first step in reporting any sexual harassment is speaking to your HR representative. The most successful course of action for victims is to file a written report rather than only reporting verbally. This is the most important step in dealing with a sexual harassment case because if it is not reported it will likely not result in anything toward the perpetrator. If not reported it will likely also lead to the perpetrator continuing to get away with it. Another important step in this process is contacting an attorney. If you believe that you are subjected to any sexual harassment you should speak to an attorney.
In terms of prevention of sexual harassment, sexual harassment claims are not good for a company and can be extremely harmful to their reputation. It will also take a lot of company time and thus money in this lost time and attorney fees. So, it is in the employer’s best interest to prevent these claims. Employers should invest in anti-harassment policies and required training in prevention and identification of sexual harassment. These policies if effective, should include instructions and a process of reporting a sexual harassment complaint. The main point of this training should be that the company has zero tolerance for any sexual harassment behaviors.
Speaking of recoverable damages for sexual harassment victims in the workplace. The recoverable damages include economic damages, non-economic damages, attorney fees, and punitive damages. However, there are strict laws on how much you can recover based on the number of employees your company has. This is why it is important to choose an attorney who is both knowledgeable and driven to get you what you deserve.
When dealing with sexual harassment claims it is extremely important to report your claim in writing and speak with an attorney. After all, if you do not report a claim, it will most likely continue to happen to others. In looking out for yourself and others please report the harassment claims to both an attorney and your HR representative. Contact our team at the Brandy Austin Law Firm today to schedule a consultation.
References
Wood, R. (2024, January 29). Texas Sexual Harassment Laws: What Employees Need to Know. Wood Hammel. Retrieved November 19, 2025, from https://www.mylawteam.com/articles/employment/texas-sexual-harassment-law/