If you reported sexual harassment at your Austin workplace and were fired, demoted, or pushed out, you may have a retaliation claim under state and federal law. Attorney Jack Nichols has represented Travis County employees in retaliation cases for 28 years. Retaliation for reporting sexual harassment is illegal — and you do not have to prove the underlying harassment was unlawful to win a retaliation case.
What Is Retaliation for Reporting Sexual Harassment?
Retaliation occurs when your employer takes an adverse action against you because you engaged in a protected activity — such as complaining about sexual harassment, filing an EEOC charge, or participating in a harassment investigation. The adverse action does not have to be termination. Courts have found the following to constitute illegal retaliation:
- Termination or constructive discharge
- Demotion or reduction in pay
- Shift changes designed to make your job unbearable
- Exclusion from meetings, projects, or opportunities
- Sudden negative performance reviews after years of positive evaluations
- Increased scrutiny or micromanagement following your complaint
- Hostile treatment by supervisors or coworkers after you reported
Your Protected Activity Does Not Have to Be a Formal Complaint
Many Austin employees believe they can only claim retaliation if they filed a formal HR complaint or an EEOC charge. That is not the case. Protected activity includes informal complaints to a supervisor, verbal objections to harassing conduct, and participation as a witness in another employee’s investigation. If your employer knew you reported or objected to harassment and then took action against you, you may have a claim.
The Key Legal Standard: Good Faith Reasonable Belief
To win a retaliation claim, you do not need to prove that the sexual harassment you reported was legally actionable. You only need to show that you had a good faith, reasonable belief that what you reported constituted harassment. This is a significantly lower bar than proving the underlying harassment itself — and it is why many retaliation cases succeed even when the harassment claim does not.
Proving Retaliation in Austin Courts
Retaliation cases are built on timing and pattern. Relevant evidence includes:
- Close timing between your complaint and the adverse action
- Supervisor or HR comments expressing displeasure about your report
- Different treatment compared to employees who did not complain
- Performance reviews that changed suddenly after your complaint
- Internal emails or messages revealing the real reason for the adverse action
- Documentation of the harassment complaint itself
Attorney Jack Nichols has extensive experience uncovering pretext — examining whether stated reasons for termination or discipline are consistent with how the employer actually treated other employees, and whether the timing of events tells a different story than the official explanation.
Statutes That Protect Austin Employees from Retaliation
Multiple laws protect Travis County employees who report sexual harassment. The applicable statute affects your deadline and available remedies:
- Title VII of the Civil Rights Act — covers employers with 15 or more employees. Requires an EEOC charge within 300 days of the retaliatory act.
- Texas Labor Code (TCHRA) — the state parallel to Title VII. Also requires timely filing with the Texas Workforce Commission.
- 42 U.S.C. § 1981 — applies in race-based harassment cases. No EEOC filing required; four-year statute of limitations.
Missing the filing deadline can permanently bar your claim. Contact an attorney immediately after any adverse action.
Frequently Asked Questions
What if my employer claims I was fired for performance reasons?
Employers rarely admit retaliation. They almost always offer a “legitimate” reason — performance issues, restructuring, or misconduct. If that reason is false or pretextual, it becomes evidence of retaliation. Attorney Jack Nichols examines whether the stated reason was applied consistently, whether it predated your complaint, and what internal communications reveal about the real decision.
Do I need to file with the EEOC before suing?
For Title VII and TCHRA retaliation claims, yes — you must file a Charge of Discrimination with the EEOC or Texas Workforce Commission before bringing a lawsuit. The deadline is 300 days from the retaliatory act. Waiting too long can forfeit your rights permanently.
What damages can I recover?
Depending on the statute, remedies can include: reinstatement to your former position, back pay for lost wages, front pay for future lost earnings, compensatory damages for emotional distress, punitive damages if the retaliation was malicious or reckless, and attorney’s fees.
How long do I have to file?
For Title VII and TCHRA claims, you have 300 days from the date of the retaliatory act to file with the EEOC or TWC. Do not wait — contact an attorney as soon as possible after the adverse action occurs.
Why Choose Jack Nichols as Your Austin Retaliation Attorney
- 28 years exclusively representing Texas employees — never employers
- Former attorney at the Texas Attorney General’s Office / Texas Workforce Commission
- Licensed in all four U.S. District Courts in Texas and the Fifth Circuit Court of Appeals
- Member: State Bar of Texas Labor & Employment Section; Texas Employment Lawyers Association (TELA)
- Most cases handled on a contingency fee basis — no fee unless we win