Workplace Sexual Harassment Lawsuits

Sexual harassment, whether it occurs in the workplace, at school, or in public spaces, is not solely about sexual behavior. Rather, it involves the harasser exhibiting hostility toward the victim or exerting power over the victim due to their gender. In Texas, the term “gender” encompasses sexual orientation and gender identity and expression. Although sexual harassment often involves a man harassing a woman, men can also be victims of sexual harassment. Moreover, sexual harassment also takes place within the gay, lesbian, bisexual, and transgender communities, involving individuals of the same or different sexes.

Sexual harassment in the workplace is a significant issue that can negatively impact workers’ health and well-being, as well as their productivity and attendance. In this publication, we refer to it as “workplace sexual harassment.”

What Is Workplace Sexual Harassment?

There exist two distinct forms of workplace sexual harassment. The first type is identified as “hostile work environment” sexual harassment, while the second is recognized as “quid pro quo” sexual harassment.

Hostile Work Environment

There are two different ways in which a hostile work environment sexual harassment can occur:

1. If a colleague at work directs unwelcome sexually suggestive or demeaning comments towards you, repeatedly asks you out on dates despite your refusals, engages in offensive gestures, touches you inappropriately, tells offensive jokes or plays pranks on you, behaves in an intimidating manner towards you, or shares pornographic material with you, you may be the target of hostile work environment sexual harassment. This kind of behavior is specifically directed at you because of your gender status (whether you are a man, a woman, or transgender). The severity and/or frequency of the harassment must be significant enough to impact your ability to perform your job effectively, or even a single incident of harassment can have such an impact. You must also demonstrate that your employer is responsible for the harassment, whether directly or indirectly, even if the perpetrator is a customer or vendor of your employer. For example, if a co-worker or a frequent customer makes offensive comments, you need to demonstrate how your workplace failed to prevent their misconduct.
2. Another way in which hostile work environment harassment can occur is if your employer treats you less favorably than your co-workers of a different gender because of your gender status. This can include discriminatory practices in various aspects of employment, such as hiring, work hours, salary, promotions, work assignments, vacation or sick leave benefits, job evaluations, disciplinary actions, and termination.

Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment takes place when a manager or supervisor asks or requires you to engage in sexual behavior in exchange for employment benefits or promotions. Even if you didn’t explicitly refuse, it can still be considered sexual harassment. If you felt pressured to engage in sexual behavior because you were too embarrassed to say no, or feared losing your job, or were afraid of workplace punishment, your experience could be considered an instance of unlawful harassment. While your gender status does not necessarily have to be the sole reason you were targeted for this unfair treatment, it must be a significant factor in the harassment you endured.

Who May Be Liable For Workplace Sexual Harassment?

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If an employer who is an owner, manager, partner, corporate officer, or supervisor (who has authority over you) directly participates in the harassment, they may be legally responsible, which means they may be liable. The employer may also be liable if they knew or should have known about the harassment but did not take effective and timely action to stop it. According to state law, individual supervisors or managers may be liable if their actions are discriminatory, such as promoting only men despite the presence of qualified women. In certain circumstances, a union or its representatives, an employment agency, or even a religious organization may be liable for the harassment, despite having some protections based on religious freedom.

What Are The Laws Against Workplace Sexual Harassment? 

• Federal Laws 

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, race, and other factors. Sexual harassment is recognized as a type of sex discrimination, and the EEOC (U.S. Equal Employment Opportunity Commission) is responsible for enforcing Title VII. The law applies to companies with at least 15 workers, as well as employment agencies and most labor unions.

• Texas Laws

Texas Labor Code Chapter 21 and Title VII of the Civil Rights Act provide protection to employees against employment discrimination or sexual harassment based on their gender, sexual orientation, or gender identity. This protection is applicable to private employers who have 15 or more employees and all state and local government entities, regardless of the number of employees they have.

As of September 1, 2021, the laws concerning sexual harassment have been modified. Under the new law, employees are allowed to file sexual harassment lawsuits against their supervisors, coworkers, and anyone who acts on behalf of their employer in relation to them. This includes managers, supervisors, HR personnel, and shift leaders. The law now applies to workplaces with at least one worker. The updated law stipulates that employers must take immediate and appropriate corrective action if they were aware or should have been aware of the sexual harassment. The new law also extends the time for filing a complaint to 300 days.