Sexual assault in the workplace is one of the most traumatic violations an employee can experience. At Brandy Austin Law Firm, we speak with individuals who are not only processing the emotional impact of what happened, but also terrified about what to do next. Many worry about retaliation, job loss, or being disbelieved. Others fear reporting the incident because they need their paycheck and cannot afford the consequences of speaking up. These concerns are real—and you are not alone in feeling them. Texas law provides multiple protections for employees who have experienced sexual assault at work, and understanding these protections is the first step toward reclaiming your safety and your rights.
What Constitutes Workplace Sexual Assault In Texas?
Texas law defines sexual assault broadly and includes any unwanted sexual contact performed without consent. In the workplace, this may come from a supervisor, coworker, vendor, client, or even a customer. Under Texas Penal Code §22.011, sexual assault is a criminal offense. Additionally, under both state and federal employment laws, any form of sexual assault is also considered sexual harassment, creating immediate grounds for legal action.
At Brandy Austin Law Firm, we examine not only the assault itself but also the employer’s response—because employers have a legal duty to provide a safe work environment.
Your Right To A Safe Workplace
Texas employees are protected under:
- Title VII of the Civil Rights Act of 1964
- Texas Labor Code Chapter 21
- Criminal laws prohibiting sexual assault
- Workplace safety regulations requiring employers to address known risks
These laws ensure that no employee should endure harassment or assault as part of their job. When a sexual assault occurs at work or is linked to work activities, an employer must take immediate steps to protect the victim and eliminate ongoing danger.
Reporting Sexual Assault: What Employees Should Know
Employees often hesitate to report workplace sexual assault out of fear of retaliation. Texas Labor Code protections and federal law strictly prohibit employers from retaliating against anyone who reports sexual misconduct, participates in an investigation, or seeks legal action.
Retaliation may include:
- Termination
- Demotion
- Reduced hours or pay
- Unfair discipline
- Hostile changes to assignments or environment
If you experience any of these after making a report, you may have an additional retaliation claim.
Our team at Brandy Austin Law Firm often helps clients craft clear, factual reports to HR so their concerns are documented without jeopardizing their job or violating workplace policies.
Your Legal Options After A Workplace Sexual Assault
Victims of workplace sexual assault have several avenues for legal action, depending on the circumstances of the assault and the employer’s response.
1. Criminal Charges
Sexual assault is a crime in Texas. Victims can file a police report, and doing so does not prevent pursuing civil remedies as well.
2. Civil Claims Against the Employer
If the employer knew or should have known about the risk and failed to protect the employee, they may be liable for:
- Negligent hiring
- Negligent supervision
- Failure to prevent harassment
- Hostile work environment
3. Civil Claims Against the Perpetrator
You may also pursue a claim directly against the individual who assaulted you.
4. Workers’ Compensation or Personal Injury Claims
In some cases—such as when the assault occurred during work duties or on company property— we evaluate whether additional claims may apply.
At Brandy Austin Law Firm, we tailor our approach based on each client’s circumstances, ensuring their safety and long-term wellbeing are prioritized.
What To Do If You Experience Sexual Assault At Work
You are not required to make every step alone. However, the following actions can help protect your rights:
- Get to a safe place immediately.
- Seek medical care, which can also preserve evidence if you choose to report the assault.
- Document what happened, including dates, times, locations, and witnesses.
- Preserve any messages, emails, or communications related to the incident.
- Speak with an attorney before making an internal report, if possible.
- Report the assault to HR or management when you feel safe doing so.
Every situation is unique, and at Brandy Austin Law Firm, we walk clients through the safest strategy for their specific environment.
Final Thoughts
Workplace sexual assault is devastating, but Texas law provides strong protections to help victims pursue justice, safety, and compensation. You deserve a workplace where your safety is valued and protected. If you or someone you know has experienced sexual assault at work, reaching out for legal guidance can make an enormous difference in your recovery and your career. Brandy Austin Law Firm is here to support you, advocate for you, and ensure your rights are fully protected.