Sexual harassment can take many forms, such as unwelcome sexual advances, soliciting sexual favors, in the workplace, or inappropriate touching of a sexual nature. The employee who is subjected to the above-mentioned behaviors, which directly affect their work performance, or create an intimidating, hostile environment, they may be the victim of various forms of Sexual Harassment. Simple teasing, horseplay or good-natured offhand comments or isolated incidents may not be considered sexual harassment, in the state of Texas.
Additional Texas Sexual Harassment considerations:
- Sexual harassment shows no bias toward gender, incidents can occur whether the harasser is female or male.
- The harasser can be your manager, a vendor, a supervisor, or a co-worker.
- Direct involvement is not necessary to be harassed but could be anyone directly affected by the offensive conduct, i.e., office worker passing by.
- Of color jokes or inappropriate racial comments.
- The harasser’s conduct must be unwelcome and repeated. Not simply a one-time situation.
When investigating allegations of work[place sexual harassment, the Civil Rights Division and the Equal Employment Opportunity Commission look at all circumstances around a complaint. A determination on the allegations is made on a case-by-case basis based on the facts. Prevention and education are the best tools to eliminate workplace sexual harassment Employers should clearly communicate to employees that sexual harassment will not be tolerated. A zero-tolerance environment for inappropriate behavior should always be the company policy. It is also essential that an effective complaint or grievance process is in place with a proper manager & HR supervision. The employee should know that managers will take immediate and appropriate action when an employee complains.
How do I file a Harassment Claim in Texas?
When an employee files a harassment claim in the state of Texas, it’s recommended that the employee initially files with a government agency first, such as the Texas Workforce Commission (TWC). This commission will conduct an investigation into the allegations to determine whether an offense has occurred. The Texas state laws on harassment are slightly different from federal standards because they also cover criminal harassment. Federal harassment cases are reviewed by the Equal Employment Opportunity Commission. All cases filed with the Texas Workforce Commission are also reviewed by the EEOC. It is also, possible to file a private harassment lawsuit against the employer, depending on the type of harassment involved.