Harassment in the workplace is an ongoing issue and affects employee well-being, morale, and potential employment advancement. It’s difficult to do your best work when you feel unsafe, disrespected, or discriminated against. Fortunately, there are laws that exist to protect you, and if you know how to handle the harassment with an employment lawyer, it can make all the difference. This guide provides you with comprehensive advice on what defines a workplace harassment complaint under Texas law and what employees must do to seek effective action with a legally trained practitioner of law.
What Constitutes Workplace Harassment Under Texas and Federal Law?
Harassment isn’t just any workplace issue. It also includes unfavorable behavior based on a protected characteristic that creates an intimidating, hostile, or abusive work environment. This includes issues related to race, gender, gender identity, religion, country of origin, age, disability, etc. New case law in Texas also allows for individual liability for certain forms of misconduct. Recognized forms of harassment include:
- Verbal Harassment: This could include repeated slurs and derogatory jokes or comments regarding your culture, beliefs, or identity.
- Physical Intimidation or Assault: Touching, blocking your path, or gestures like making a fist.
- Visual Harassment: Offensive images, displays, or symbols that would be offensive in a workplace.
- Online Harassment: Harassment that takes place via company-hosted chats, emails, or social media by managers or coworkers, which could be defined as bullying, threats, or hostile behavior.
- Retaliatory Behavior: Fired, demoted, or segregated due to reporting harassment or discrimination.
Both severe one-off incidents, such as violent threats or sexual assault, and seemingly minor, repeated conduct can amount to unlawful harassment. Thus, highlighting the importance of engaging with an employment attorney.
Steps to Take If You Experience Workplace Harassment
Experiencing harassment can be incredibly unpleasant and distressing, but by taking organized steps, you can better protect yourself and enhance your potential claim. Getting the advice of an employment attorney allows you to have the benefit of not losing perfect recollection or missing deadlines established by law.
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Create a Thorough and Contemporaneous Record:
Write down every contact incident, the date, time, place, all individuals involved, any witnesses, exactly what behavior was exhibited, and how it affected you. Keep all emails, texts, and voicemails concerning the behavior; if it is appropriate, screenshot the content. Also, be sure to keep all written complaints and any responses from HR or management.
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Submit a Formal Internal Complaint:
You should report the identified misconduct according to your organization’s established process. Note the date and details of your report, and the steps you took to report the misconduct. If the employer fails to investigate or retaliates, this absolutely lays more groundwork for a legal case. Note when you communicated with anyone at the employer about the incident or any contact afterwards from the employer.
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Seek Assistance from an Employment Lawyer:
An experienced employment attorney can evaluate the case’s potential legal value, advise you about necessary documentation, and assist you in preparing supportive complaints. They may get involved early to inform you of potential serious errors or actions that could hinder or affect the success of your claims.
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File a Complaint with a State or Federal Agency:
If there is no resolution through internal channels, your employment attorney can assist you in filing an official complaint with the Texas Workforce Commission Civil Rights Division (for state law) or the Equal Employment Opportunity Commission (for federal law). Both agencies have defined timelines and requirements - if you miss a deadline, it may harm your entire potential claim.
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Consider Settlement, Mediation, or Litigation:
With the guidance of your employment lawyer, you can consider all options. Sometimes, a mediated settlement leads to a better outcome quickly and with less stress. In egregious cases, filing a lawsuit may be appropriate to get lost wages, damages for emotional distress, reinstatement, or other remedies. Your attorney will gather evidence, interview witnesses, and then effectively present your case.
Additional Legal Protections and Considerations
In Texas, employees have a comprehensive framework of workplace harassment laws that go beyond simply prohibiting offensive conduct. There are additional layers of protection as a result of federal and state laws, and familiarity with these layers may impact the advancement or defense of litigation alleging some form of harassment.
Federal and State Instruments
- Title VII of the Civil Rights Act prohibits harassment based on race, color, religion, sex, and national origin.
- The Americans with Disabilities Act (ADA) prohibits harassment based on disability and imposes a duty to request reasonable accommodations.
- The Age Discrimination in Employment Act (ADEA) prohibits harassment of employees aged 40 and over.
- Texas Labor Code Chapter 21 provides additional measures similar to federal laws, but the enforcement is with the Texas Workforce Commission.
Conclusion
Workplace harassment is never acceptable, and taking immediate, strategic action with the aid of an experienced employment attorney is essential to put an end to the harm and protect your rights. Whether you require assistance to document complaints, to navigate processes, or in litigating a claim based upon a hostile work environment, Mijares Law Group specializes in advocating for employees. Their support helps you challenge the harassing behavior with a combined strategic perspective and compassion to protect your career and your dignity.
Take charge of your rights—connect with Mijares Law Group for experienced, results-driven representation in workplace harassment and employment law disputes.
