Being sexually harassed at work is a deeply unsettling experience. You may feel confused, afraid, or unsure whether what is happening to you is even illegal. The answer is: it may well be — and you have rights under both federal and Texas law. This guide walks you through the most important steps to take.

Step 1: Recognize That What Is Happening May Be Illegal

Texas and federal law prohibit two types of workplace sexual harassment. Quid pro quo harassment happens when a supervisor conditions your job, promotion, or raise on submitting to sexual demands. Hostile work environment harassment happens when unwelcome sexual conduct is severe or pervasive enough to create an abusive or intimidating workplace. You do not have to be physically touched — verbal harassment, sexual messages, and unwanted advances can all constitute unlawful sexual harassment.

Step 2: Start Documenting Immediately

Documentation is the foundation of a strong sexual harassment claim. For each incident, record:

• The date and time of the incident
• The location where it occurred
• Exactly what was said or done — use direct quotes where possible
• The name of the harasser
• The names of any witnesses present
• How the incident affected your work or health

Also save copies of any emails, text messages, or other communications related to the harassment. Store documentation somewhere secure outside of work.

Step 3: Report the Harassment in Writing

Under Texas and federal law, an employer generally cannot be held liable for a hostile work environment if it had no knowledge of the harassment and you failed to use the available complaint procedures. Reporting to HR or management is critical — both for stopping the harassment and preserving your legal rights. Put your complaint in writing, report to a supervisor not involved in the harassment, and keep a copy of everything you submit.

Important: Once you report harassment, your employer is legally prohibited from retaliating against you. If your employer fires, demotes, or punishes you for reporting, that is a separate and serious legal violation. Learn more about retaliation claims.

Step 4: Do Not Resign Without Consulting an Attorney

It can feel impossible to continue working in a hostile environment. But resigning before consulting an employment attorney can hurt your legal claim. If you quit, you may lose access to certain remedies including back pay and reinstatement. There is one exception: if conditions are so intolerable that no reasonable person could be expected to continue, you may have a constructive discharge claim. An attorney can evaluate whether that applies to you.

Step 5: File a Charge — The 300-Day Deadline

Before filing a sexual harassment lawsuit in Texas, you must first file an administrative charge with the EEOC or the Texas Workforce Commission Civil Rights Division (TWC-CRD). The deadline is 300 days from the last act of harassment. This deadline is strictly enforced — missing it can permanently bar your claim.

Your Right to Court — Even With an Arbitration Agreement

Since 2022, federal law prohibits employers from forcing employees to resolve sexual harassment claims through private arbitration. Even if you signed a mandatory arbitration agreement, you retain the right to bring your sexual harassment claim in court.

Free Consultation With Texas Sexual Harassment Attorney Jack Nichols

Attorney Jack Nichols offers free, confidential consultations and handles sexual harassment cases on a contingency fee basis — you pay no attorney’s fees unless we recover compensation for you. Contact us today.

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Texas Retaliation Attorney – Related Pages

If you believe you have been retaliated against at work in Texas, attorney Jack Nichols is ready to help. Explore the pages below or contact us today for a free consultation.

• Retaliation in the Workplace Attorney — Overview of your rights under Texas and federal law
• Do You Have a Retaliation Case? — Find out if your situation qualifies
• Austin Retaliation Attorney — Serving employees in Austin, TX
• Houston Retaliation Attorney — Serving employees in Houston, TX
• San Antonio Retaliation Attorney — Serving employees in San Antonio, TX