How Do I Sue for Harassment in Texas?
Many victims of workplace harassment don’t even realize that they are being subjected to inappropriate and illegal conduct on the part of their coworkers or supervisors. Below, we will articulate the ways in which the law protects you from unwanted or offensive behavior in the workplace and provide you with the steps you can take to achieve the justice you deserve.
Harassment claims in Texas should be filed through the state government’s Texas Workforce Commission. If the harassment occurred after September 1, 2021, you have 300 days to file your claim. Otherwise, you only have 180 days to file. Harassment falls into a number of different categories. Identifying whether you have a case and what you are alleging is critical for your claim. You should have the assistance of a lawyer while you are preparing and filing your claim.
The experienced Texas sexual cyber harassment lawyers at The Queenan Law Firm are ready and able to assist you in getting justice after you were the target of harassment at your place of work. Getting the help of a lawyer early can be critical for the success of your claim. You can reach us by calling (617) 925-6407.
How Do I File a Harassment Claim in Texas?
If you were harassed at work in Texas and would like to pursue legal options, your first step should be filing with the Texas Workforce Commission (TWC). The TWC will investigate the allegations independently to determine the facts of the case. Cases that go through the TWC will also typically go through the federal government’s Equal Employment Opportunity Commission (EEOC). Filing your harassment claim with the government is a necessary first step in almost all lawsuits for workplace harassment. You may then file a civil action against the employer.
If you hope to succeed in your harassment claim in Texas, it is in your best interest to speak to a Texas harassment lawyer as soon as possible. An attorney can not only help you bring your lawsuit but also prepare and file your claim on your behalf with the appropriate government agencies.
How Long Do I Have to Sue for Harassment in Texas?
If you are considering filing a claim for harassment in Texas, you should be aware of the most recent developments in the law. According to the older law in the State of Texas, victims of harassment in the workplace must have filed their initial claim with the TWC within 180 days of the harassment. However, beginning in September of 2021, victims will have 300 days to file their claims.
Who Can I Sue for Harassment in Texas?
There are also new developments in this area of workplace harassment law. Until recently, employees at companies with 14 or fewer employees could file a claim with the TWC. Now, any employer with at least one employee is subject to a TWC harassment claim.
Further, harassment victims can now pursue claims against more than just their employer. Claims may be asserted against anyone who carries out the employer’s interests. Practically, this may include middle management, supervisory staff, or human resources administrators.
What is Sexual Harassment for Texas Workplace Harassment Claims?
Claims filed for harassment must include allegations of what happened. Typically, these claims include claims of sexual harassment. Workplace sexual harassment is a form of illegal sex discrimination.
Sexual harassment does not require actual physical advances. Offensive commentary and remarks about a person’s sex or gender may also be considered sexual harassment. Sexual harassment may occur regardless of the sex or gender of the offender or the victim.
Sexual harassment in the workplace is a form of employment discrimination under Title VII of the Civil Rights Act of 1964. Title VII claims typically fall into one of two main categories: “quid pro quo” sexual harassment and “hostile work environment” sexual harassment.
“Quid Pro Quo” Sexual Harassment
The phrase “quid pro quo” literally translates to “something for something.” In terms of sexual harassment, quid pro quo is an illicit request by one employee to another, wherein the offending employee requests sexual favors from the other employee in exchange for some other benefit.
Quid pro quo sexual harassment is typically found in cases where the offender has a supervisory or managerial role with power over the victim, but this is not necessarily required. The benefit offered in exchange for the sexual favor may be money or employment benefits, such as extra paid time off or a promotion. If the victim is seeking employment and is offered that employment in exchange for sexual favors, this behavior is still considered workplace sexual harassment even though the two parties are not coworkers at that time.
“Hostile Work Environment” Sexual Harassment
When a person makes offensive or intimidating comments or jokes about a coworker’s gender, appearance, or sexual orientation, they are engaging in hostile work environment sexual harassment. Hostilities in the workplace can hinder the ability of the victim to fulfill the requirements of their job or feel comfortable in their workplace.
Common instances of hostile work environment sexual harassment include (but are not limited to) any of the following:
- Making discriminatory remarks or comments with sexual connotations
- Making physical contact with a person or otherwise physically behaving in a way that is not welcome or appropriate under the circumstances
- Making physical contact with a coworker without consent
- Communicating jokes or lewd remarks via email or memoranda
We Can Help You Sue for Harassment in Texas Today
If you believe you may have a harassment case against your employer, you don’t have long to wait. Call (617) 925-6407 today to schedule a free consultation with the Texas harassment attorneys at the Queenan Law Firm.