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What are my rights against workplace harassment in Texas?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Federal Floor. Title VII (15+ employees) prohibits harassment based on race, color, religion, sex, and national origin. Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), established the hostile-work-environment theory.

2. State Statute & Agency. The Texas Commission on Human Rights Act (TCHRA), Tex. Lab. Code Ch. 21, is administered by the Texas Workforce Commission Civil Rights Division (TWC-CRD). Most TCHRA claims require 15+ employees, but SB 45 (2021) amended § 21.141 to extend sexual-harassment liability to any employer with 1 or more employees.

3. Standard for Hostile Work Environment. Texas courts apply the federal "severe or pervasive" standard articulated in Harris v. Forklift Systems, 510 U.S. 17 (1993). The state has not lowered this threshold.

4. Protected Categories. Race, color, disability, religion, sex, national origin, age (40+), pregnancy, and genetic information. Texas does not protect sexual orientation or gender identity at the state level, though Bostock v. Clayton County, 590 U.S. 644 (2020), brought those traits within "sex" under Title VII.

5. Quid Pro Quo vs Hostile Environment. Texas follows Faragher and Ellerth: tangible employment action triggers strict liability; otherwise the affirmative defense is available.

6. Employer Liability. SB 45 imposes individual liability on supervisors and managers for sexual harassment. Employers must take "immediate and appropriate corrective action."

7. Mandatory Training. Texas has no statewide sexual-harassment training requirement, though some municipalities and state agencies have internal policies.

8. Filing Deadline. EEOC: 300 days. TWC-CRD: 180 days for most claims; 300 days for sexual-harassment claims under SB 45 (Lab. Code § 21.201(g)).

9. NDA Restrictions. Texas has no general ban on sexual-harassment NDAs, but HB 21 (2021) voids NDAs that prohibit reporting child sexual abuse.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • You were sexually harassed at a small employer (under 15) and need to invoke SB 45's expanded coverage
  • A supervisor is personally implicated and you want to name them individually
  • You missed the 180-day non-sexual-harassment deadline but are within the 300-day sexual-harassment window
Related Statutes & Laws
  • Tex. Lab. Code Ch. 21 (TCHRA)
  • Tex. Lab. Code § 21.141
  • Tex. Lab. Code § 21.201

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.