Filing A Workplace Harassment Claims In Texas

What Constitutes Harassment In Texas?

To put it differently, harassment charges in Texas have some variations compared to Title VII guidelines. Notably, Texas harassment laws encompass both civil and criminal forms of such behavior. This means that while most cases of sexual harassment are typically addressed outside the criminal justice system, Texas law may necessitate criminal proceedings for harassment allegations if the conduct was intended to provoke any of the reactions specified in the Texas criminal statute.

Several typical reasons that could be considered as harassment in Texas are:

• Sending gifts, messages, or electronic communications of a romantic or inappropriate nature to someone else can be considered as harassment.
• Using email, text, or phone calls to harass someone is a form of harassment.
• Touching someone in a manner that causes discomfort to them or others can be regarded as harassment.
• Making sexual advances towards someone without their consent is considered as harassment.
• Making threats towards someone who rejects sexual advances;
• Offering benefits in exchange for sexual favors;
• Sending, showing, or using sexually explicit images or inappropriate language that is offensive to others or specifically targets an individual.

All of these actions can be considered forms of harassment.

Texas employment laws permit employees who have experienced sexual harassment at work to file a class action lawsuit against their employer. This can happen when multiple workers have similar sexual harassment complaints against an employer or supervisor and can fulfill the requirements for filing a class action lawsuit in a Texas court.

Moreover, recent modifications to Texas state laws on sexual harassment have simplified the process of filing a sexual harassment claim against an employer for employees. Although this development may be advantageous for many Texas employees, it has exposed several employers and high-level employees in Texas to legal risks and potential lawsuits. Some changes that may negatively impact Texas employers under the state’s new laws include:

• When assessing liability, the definition of “employer” has been broadened to include supervisors, HR professionals, business owners, managers, and a small number of other types of workers.
• Under the Texas Labor Code, the amount of time for a worker to file a sexual harassment lawsuit against an employer or another responsible individual has been extended by the new law.
• The law now provides safeguards for workers from third-party entities associated with the company, allowing them to take legal action against third parties, such as vendors, consultants, outside businesses, etc., for harassment.
• As per the revised Texas harassment statute, employers must now meet a more rigorous standard, which was not present in the original statute and which could have been used as a legal defense against such claims.

Do I Need A Lawyer For Help With Texas Harassment Laws?

Before filing a harassment claim in Texas, it is advisable to consult with a local sexual harassment attorney who is familiar with the recent changes in Texas harassment laws. By working with an experienced lawyer practicing in your county, you can be informed of your rights under the new amendments.

A lawyer can also guide you through the correct procedures for filing a sexual harassment claim against your Texas employer, ensuring that you comply with all legal requirements. Additionally, if you need legal representation in court or any other proceedings related to your claim, your attorney can provide those services as well.