Texas law requires your employer to take “immediate and appropriate corrective action” when they know, or should have known, that workplace harassment is happening. If they drag their feet, do nothing, or bury your complaint in a weeks-long “investigation” that ends with the harasser getting a verbal warning, that response falls short of the legal standard. At Carter Law Group, we have represented Texas employees whose employers failed this standard, and those failures can support a legal claim under Texas Labor Code Section 21.141.

This guide explains what the law requires, what failure looks like, and what you can do if your employer did not respond the way they should have.

The Texas Legal Standard: “Immediate and Appropriate”

In 2021, Texas Governor Greg Abbott signed Senate Bill 45 (SB 45) into law. It took effect September 1, 2021, and it raised the bar for how employers must respond to workplace sexual harassment.

Before SB 45, Texas employers only had to take “prompt remedial action” after a complaint. SB 45 replaced that with a stricter standard. Under Texas Labor Code Section 21.141, an employer commits an unlawful employment practice if:

The employer, or its agents or supervisors, knew or should have known that sexual harassment was occurring, and
The employer failed to take immediate and appropriate corrective action.

The law does not define what “immediate and appropriate” means. Texas courts are still working that out. Legal experts agree on two things: the speed of the employer’s response matters, and so does whether the response actually stopped the harassment.

A slow, superficial, or retaliatory response is not “immediate and appropriate.”

Note: SB 45 applies specifically to sexual harassment claims. For other types of harassment or discrimination, the standard under the Texas Commission on Human Rights Act (TCHRA) and Title VII still applies.

What Does “Immediate” Actually Mean?

“Immediate” does not mean the employer has 30 or 60 days. Response should begin as soon as the employer learns of the harassment, whether through a formal complaint, an informal report to a manager, or direct observation.

Courts and legal experts have identified several steps that signal an employer is acting immediately:

Acknowledging the complaint the same day or within 24 to 48 hours
Separating the complainant from the alleged harasser right away, without penalizing the person who reported
Opening a formal investigation without delay
Placing the accused on paid administrative leave while the investigation is pending, when appropriate

If your employer took weeks to acknowledge your complaint, or told you to “work it out” directly with the harasser, that is not an immediate response.

What Does “Appropriate Corrective Action” Look Like?

“Appropriate” depends on the severity of the harassment. A first-time, minor offense might warrant a documented warning and mandatory training. Repeated, severe, or physical harassment requires termination or significant discipline, and courts look at whether the employer’s response actually stopped the conduct.

Actions courts and the EEOC have recognized as corrective include:

Disciplinary action proportional to the severity of the conduct, up to and including termination
Mandatory harassment training for the harasser and other staff
Reassignment of the harasser to a different shift, location, or supervisor
Changes to reporting structures so the victim no longer reports to the harasser
Documentation of all corrective steps taken

The corrective action does not have to be exactly what you requested. But it does have to stop the harassment and prevent it from recurring. If the same person harassed you again after the employer “addressed” the complaint, the corrective action was not appropriate.

What Does Not Count as Corrective Action

Employers often go through the motions without addressing the problem. These responses are typically not sufficient under Texas law:

Telling the victim to avoid the harasser without any action against the harasser
Issuing an undocumented “verbal warning” with no follow-up
Moving the victim (not the harasser) to a different department or schedule
Opening an investigation that never concludes
Discouraging the victim from putting the complaint in writing
Closing the complaint with a finding of “insufficient evidence” without a real investigation
Taking weeks or months to act after receiving a formal complaint

Any of those responses may support a claim that your employer failed to meet the legal standard.

Does It Matter Whether the Harasser Was Your Su

pervisor or a Coworker?

Yes. The liability standard differs depending on who harassed you.

Harassment by a Supervisor

If a supervisor harassed you and took a tangible employment action against you (such as firing you, demoting you, cutting your hours, or passing you over for a promotion), your employer is automatically liable. No corrective action defense applies in that situation.

If a supervisor harassed you but no tangible employment action was taken, the employer may try to raise a defense. That defense requires proving that the employer had an effective anti-harassment policy, that you unreasonably failed to use it, and that the employer responded appropriately. Under SB 45, courts may scrutinize that defense more closely than before.

Harassment by a Coworker

When a coworker harasses you, your employer is liable if they knew or should have known about the harassment and failed to take appropriate corrective action. This is where the “immediate and appropriate” standard directly applies. If you reported the harassment to HR or a manager and the employer’s response was slow or ineffective, that failure may be the basis of your claim.

What Should You Do If Your Employer Failed to Act?

If you reported harassment and your employer did not respond properly, here are the most important steps to protect your rights:

Document everything. Write down what happened, when it happened, who witnessed it, and exactly what your employer did (or did not do) after you reported it. Save any emails, texts, or written responses from HR or management.
Report it again in writing. If your first complaint was verbal, follow up with a written complaint to HR or a supervisor. This creates a paper trail that cannot be disputed later.
File a charge with the Texas Workforce Commission (TWC) or the EEOC. For sexual harassment claims under Texas law, you have 300 days from the date of the harassment to file a charge with the TWC. For most other harassment claims under the TCHRA, the deadline is 180 days. Missing these deadlines can bar your claim entirely.
Consult an employment attorney. A lawyer can evaluate whether your employer’s response met the legal standard and advise you on your options, including claims for retaliation if your employer took adverse action against you for reporting.

What If Your Employer Retaliated After You Complained?

Retaliation is one of the most common responses to harassment complaints, and one of the most actionable. Texas and federal law prohibit employers from retaliating against employees who report harassment in good faith.

Retaliation can look like:

Being fired, demoted, or reassigned after reporting
Having your hours cut or your pay reduced
Receiving a sudden negative performance review after a previously clean record
Being excluded from meetings, projects, or opportunities you previously had access to
Being disciplined for conduct that was overlooked before your complaint

Your retaliation claim may be stronger than your underlying harassment claim. At Carter Law Group, we frequently see retaliation claims succeed even when the underlying harassment claim is harder to prove.

Key Deadlines for Texas Harassment Claims

Sexual harassment (TCHRA/SB 45): 300 days from the date of the harassment to file with the TWC

Other harassment/discrimination (TCHRA): 180 days from the date of the act to file with the TWC

Title VII (federal): 300 days from the date of the act to file with the EEOC in Texas

Retaliation claims: Same deadlines as the underlying claim type

These deadlines are strict. If you miss them, you may lose your right to file a lawsuit entirely. Do not wait.

Frequently Asked Questions

How long does a Texas employer have to respond to a harassment complaint?

Texas law does not set a specific number of days, but the standard under SB 45 is “immediate.” The EEOC recommends that employers acknowledge a complaint within 24 to 48 hours and complete a full investigation within a few weeks, depending on complexity.

Can I sue my employer for doing nothing after I reported harassment in Texas?

Yes. Under Texas Labor Code Section 21.141, an employer who knew or should have known about sexual harassment and failed to take immediate and appropriate corrective action commits an unlawful employment practice. You may have a claim against the employer and potentially against the individual supervisor or manager who failed to act.

What if my employer investigated but the harassment continued?

If your employer conducted an investigation and took some action but the harassment did not stop, that may show the corrective action was not “appropriate.” Corrective action is only legally sufficient if it stops the harassment and prevents it from recurring. Continued harassment after a complaint is strong evidence that your employer’s response failed.

Do the SB 45 standards apply to all types of workplace harassment?

No. SB 45 and the “immediate and appropriate corrective action” standard under Texas Labor Code Section 21.141 apply specifically to sexual harassment claims. For race, age, disability, and other forms of harassment, the TCHRA and Title VII standards apply, which require prompt and reasonable corrective action.

Talk to a Texas Employment Lawyer

If you reported workplace harassment and your employer ignored you, slow-walked your complaint, punished you for speaking up, or gave the harasser a token response, you deserve answers. Carter Law Group is a female-owned plaintiffs’ law firm in Dallas. We fight for people who have been failed by the systems that were supposed to protect them.

Call us at (214) 390-4173 or contact us online to schedule a consultation. There is no fee unless we win.

Contact Carter Law Group | (214) 390-4173

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is different. Contact Carter Law Group for a consultation about your specific situation.

What Counts as Corrective Action for Workplace Harassment in Texas in 2026?