AUSTIN SEXUAL HARASSMENT — YOUR LEGAL RIGHTS
Title VII prohibits sexual harassment by employers with 15 or more employees. The Texas Labor Code prohibits it for employers with 15+ employees as well. Two types of actionable sexual harassment exist: quid pro quo (a supervisor conditioning employment decisions on sexual favors) and hostile work environment (severe or pervasive conduct creating an abusive work environment). Employers are strictly liable for supervisor quid pro quo harassment and liable for hostile environment harassment when they knew or should have known and failed to act.
Reporting internally is important — but not required to have a claim. You have the right to sue for harassment whether or not you reported it internally first. However, using an internal complaint process creates a paper trail and triggers the employer's obligation to investigate and stop the harassment. Our attorneys advise on the strategic timing of internal complaints and EEOC charges.
Damages in Austin Sexual Harassment Cases
Lost wagesBack pay from the date of the adverse action (termination, demotion, forced resignation) through resolution
Compensatory damagesEmotional distress, mental anguish, and harm to reputation — the most significant damages in many harassment cases
Punitive damagesAvailable when the employer acted with malice or reckless indifference to your federally protected rights
Attorney feesSuccessful Title VII plaintiffs recover attorney fees from the employer — you may pay nothing if you win
Injunctive reliefCourt orders requiring the employer to change policies, provide training, or take other corrective action
Reinstatement or front payReturn to your position or compensation for future career damage caused by the harassment
Types of Sexual Harassment in Austin Workplaces
1
Quid Pro Quo
A supervisor explicitly or implicitly conditions a job benefit (promotion, raise, continued employment) on sexual favors — the clearest form of actionable harassment.
2
Hostile Work Environment
Severe or pervasive sexual comments, touching, images, or conduct creating an abusive work atmosphere — even without a quid pro quo demand.
3
Third-Party Harassment
Harassment by customers, clients, or contractors — employers have a duty to protect employees from third-party harassment when they know about it.
4
Same-Sex Harassment
Title VII protects against same-sex harassment — the gender of the harasser relative to the victim doesn't determine legality.
5
Retaliation for Reporting
Fired, demoted, or mistreated after reporting harassment — creates an independent legal claim even if the underlying harassment claim is disputed.
What to Do If You're Being Harassed at Work in Austin
Document every incident — date, time, location, exact words or actions, and any witnesses
Report through your employer's internal complaint process if you feel safe doing so
Save all relevant communications — emails, texts, voicemails — to a personal device or account
Contact an Austin sexual harassment attorney before filing an EEOC charge — strategy matters
Do not resign without attorney advice — a "constructive discharge" may be actionable
Be aware of the 180-day EEOC filing deadline from the last discriminatory act
Frequently Asked Questions
What qualifies as sexual harassment under Texas law?▾
Sexual harassment under Title VII and Texas law includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when it affects employment decisions or creates a hostile work environment.
Does the harasser have to be my boss?▾
No. Sexual harassment can be perpetrated by a co-worker, supervisor, manager, client, or contractor. The employer's liability depends on who the harasser was and whether the employer knew and failed to act.
How do I file a sexual harassment complaint in Austin?▾
You file an EEOC charge within 180 days of the last harassing act. The EEOC investigates and may mediate. If not resolved, they issue a "Right to Sue" letter allowing you to file in federal court. An attorney maximizes your claim at every stage.
Can my employer retaliate against me for reporting harassment?▾
No. Retaliation for reporting sexual harassment is prohibited under Title VII and creates an independent legal claim. Our attorneys advise on documenting and responding to retaliation.
What is the statute of limitations for sexual harassment claims in Austin?▾
Most EEOC charges must be filed within 180 days of the last harassing act. Some claims have 300 days when filed with both the EEOC and the Texas Workforce Commission (TWC). These deadlines are strictly enforced.
How much can I recover in a sexual harassment lawsuit in Austin?▾
Title VII caps compensatory and punitive damages based on employer size: $50,000 for 15–100 employees up to $300,000 for 500+ employees. Back pay and attorney fees are not capped. Lost future earnings may be substantial in severe cases.