Filing a sexual harassment claim in Texas requires reporting the harassment to your employer, then filing a charge with the EEOC or Texas Workforce Commission within 300 days of the last incident, and waiting for a right-to-sue letter before you can file a lawsuit. Texas law changed significantly in 2021, expanding who can file, who can be sued, and how long you have to act.

At Carter Law Group, we represent survivors of workplace sexual harassment across Texas. We have helped employees at companies of all sizes hold harassers and employers accountable. If you are trying to figure out where to start, this guide covers the exact steps, the deadlines that matter, and the legal standards that govern your case.

What Counts as Sexual Harassment in Texas?

Sexual harassment is a form of sex discrimination prohibited under Texas Labor Code Chapter 21 (the Texas Commission on Human Rights Act, or TCHRA) and federal Title VII of the Civil Rights Act of 1964. It falls into two legal categories:

Quid Pro Quo Harassment

This occurs when a supervisor makes a job benefit conditional on submitting to sexual advances. Examples include offering a promotion in exchange for a date, threatening to fire someone who refuses sexual contact, or reducing hours after an employee rejects advances.

Hostile Work Environment

This occurs when unwelcome sexual conduct is severe or pervasive enough to alter your working conditions. Courts look at the totality of the circumstances. A single severe incident, like sexual assault at work, can qualify. So can a repeated pattern of sexual comments, unwanted touching, or graphic images even if each incident seems minor on its own.

You do not need to prove both. Either qualifies.

Important: Texas courts apply the “severe or pervasive” standard. Casual, isolated comments generally do not meet the bar. But persistent unwanted conduct, even short of assault, can create a legally hostile work environment.

Who Can File a Sexual Harassment Claim in Texas?

Since September 1, 2021, virtually every Texas employee is protected.

Under Senate Bill 45 (Texas Labor Code Section 21.141), the definition of “employer” for sexual harassment purposes now covers any person who employs one or more employees. Before 2021, only employers with 15 or more employees were covered under Texas law.

This means employees at small businesses, startups, and family-owned companies now have the same legal protections as employees at large corporations.

Individual Supervisor Liability

SB 45 also allows employees to sue supervisors, managers, and others who act in the interests of an employer directly. You can name your harasser personally as a defendant, not just the company.

Independent Contractors

Independent contractors (1099 workers) generally are not covered under TCHRA or Title VII, because these laws protect “employees.” However, whether someone is truly an independent contractor or a misclassified employee is a factual question that courts analyze carefully. If you are classified as a contractor but function like an employee, consult an attorney.

The 300-Day Filing Deadline in Texas

This is the most important number in your case.

You have 300 days from the date of the last act of harassment to file a charge with the EEOC or the Texas Workforce Commission Civil Rights Division (TWC). Texas House Bill 21, effective September 1, 2021, extended the deadline for sexual harassment claims from 180 days to 300 days under Texas Labor Code Section 21.201(g).

For context: other types of discrimination claims in Texas (race, national origin, disability) still carry a 180-day state deadline. Sexual harassment claims are the exception. Both the state and federal deadlines are now 300 days for these claims.

If the harassment is ongoing, the 300-day clock runs from the last incident, not the first. You are not automatically time-barred just because the harassment started more than 300 days ago.

Missing the 300-day deadline almost always ends your ability to sue. Courts enforce it strictly.

How to File a Sexual Harassment Claim in Texas: Step by Step

Step 1: Document Everything

Before you file anything, write down every incident you remember. Include the date, time, location, what was said or done, and who witnessed it. Save every text message, email, voicemail, and written communication related to the harassment. Store copies somewhere your employer cannot access.

Your documentation does not need to be perfect. Start now and fill in details as you remember them.

Step 2: Report to Your Employer (When Safe)

You are generally expected to use your employer’s internal complaint process before filing a lawsuit. Report in writing to HR or to a supervisor above your harasser. Keep a copy for yourself.

This step matters because of the Faragher-Ellerth affirmative defense. If a harasser is your supervisor and your employer has a reasonable anti-harassment policy, the employer may have a partial defense if you failed to report through available channels. Reporting protects your legal position.

If reporting is not safe because you fear retaliation, losing your job, or further harassment, contact an attorney before you do anything. You may still be able to proceed.

Step 3: File a Charge with the EEOC or TWC

You can file online at EEOC.gov or submit directly to the Texas Workforce Commission Civil Rights Division. When you file with one agency, it is automatically cross-filed with the other through a work-sharing agreement.

Your charge needs to include:

Your name and contact information
Your employer’s name and address
The specific conduct you experienced (dates, descriptions, who was involved)
Why you believe the conduct was based on sex

You do not need an attorney to file a charge. But having one significantly improves the quality of what gets documented.

Step 4: Agency Investigation and Mediation

After you file, the agency notifies your employer within 10 days. The EEOC may offer mediation. In 2024, EEOC mediation resolved 71.2% of cases where both sides participated, recovering $243.2 million nationally. Mediation is voluntary and confidential.

If mediation does not happen or fails, the agency investigates. This involves document requests, witness interviews, and an assessment of whether there is reasonable cause to believe harassment occurred.

Step 5: Receive Your Right-to-Sue Letter

The agency will either find reasonable cause and attempt conciliation with your employer, or issue a right-to-sue letter. Once you receive the letter, you have a new deadline:

90 days to file suit in federal court (after an EEOC letter)
60 days to file suit in Texas state court (after a TWC letter)

The right-to-sue letter starts a hard deadline. Do not wait. Contact an attorney immediately when you receive it.

Step 6: File Your Lawsuit

If the case does not resolve through agency proceedings, your attorney files suit in court. Most sexual harassment cases settle before trial. Cases that go to verdict can result in back pay, front pay, compensatory damages, and punitive damages.

What If Your Employer Retaliates After You File?

Retaliation is illegal. Under Title VII and the TCHRA, your employer cannot fire you, demote you, cut your hours, reassign you to a worse position, or create new hostility because you reported harassment or filed a charge.

In 2024, retaliation charges represented 47.8% of all EEOC filings nationally, making it the single most common type of discrimination claim. Courts look at timing. Getting fired two weeks after filing a complaint is powerful circumstantial evidence of retaliation.

If your employer retaliates, you can file a separate charge. The 300-day deadline applies. Retaliation claims can stand even if your underlying harassment claim is ultimately dismissed.

What Damages Can You Recover in a Texas Sexual Harassment Case?

Compensation depends on the strength of your case and the size of your employer. Available damages include:

Back pay: wages you lost because of the harassment or termination
Front pay: future lost earnings if reinstatement is not practical
Compensatory damages: emotional distress, pain and suffering
Punitive damages: awarded to punish employers for intentional misconduct
Attorney’s fees: recoverable under Title VII and TCHRA if you prevail

Title VII and TCHRA cap compensatory and punitive damages based on employer size:

Employer Size (employees)	Damage Cap (Compensatory + Punitive)
15 to 100	$50,000
101 to 200	$100,000
201 to 500	$200,000
More than 500	$300,000

These caps do not apply to back pay or front pay, which are calculated based on actual lost wages.

Important for smaller employers: If the harassment involved physical assault, you may have a separate common law assault claim under Texas tort law. The Texas Supreme Court has held that TCHRA does not preempt these claims when the conduct constitutes actual assault rather than harassment. Common law assault claims are not subject to TCHRA damage caps.

Do You Need a Sexual Harassment Attorney in Texas?

You can file an EEOC charge on your own. Many people do. But the process involves legal strategy decisions that affect your outcome.

An attorney helps you avoid mistakes that can waive your rights, preserves evidence you might not think to gather, advises you on whether to use internal complaint procedures, and negotiates on your behalf with the agency and your employer.

Most plaintiffs’ employment attorneys in Texas work on contingency. You pay nothing up front and owe nothing unless you recover. Texas Labor Code Section 21.259 authorizes attorney’s fee awards against employers in successful discrimination cases, which incentivizes defendants to settle rather than litigate.

Texas ranks first in the country in total EEOC charges filed, representing 10.2% of all national filings despite having 9% of the U.S. population. The EEOC recovered nearly $700 million nationally in 2024 through administrative processes and litigation. These are real recoveries for real employees. The cases settle because employers face real exposure.

What Should You Do Right Now?

If you are reading this because something happened at work, here is what to do today:

Write down what happened. Do it now, while it is fresh. Dates, names, what was said or done.
Save every piece of evidence. Screenshots, emails, texts, voicemails. Send copies to a personal account your employer cannot access.
Figure out your deadline. Count 300 days from the last incident. Mark it on a calendar.
Talk to an attorney before you report to HR. This is especially true if you work at a small company or are worried about retaliation.
Do not sign anything your employer asks you to sign. No separation agreements, no severance documents, nothing, before you talk to a lawyer.

Frequently Asked Questions

Q: What is the deadline to file a sexual harassment claim in Texas?

A: You have 300 days from the date of the last act of harassment to file a charge with the EEOC or the Texas Workforce Commission Civil Rights Division. This deadline was extended from 180 days under Texas House Bill 21, effective September 1, 2021. It applies to sexual harassment claims only. Other discrimination claims still have a 180-day state deadline.

Q: Can I sue my supervisor personally for sexual harassment in Texas?

A: Yes. Under Texas Senate Bill 45 (Texas Labor Code Section 21.141), effective September 1, 2021, supervisors, managers, and others who act directly in the interests of an employer can be held personally liable for sexual harassment. This is a significant change from prior law, which only allowed claims against the employer as an entity.

Q: Do I have to report harassment to HR before filing an EEOC complaint in Texas?

A: Not always. You can file a charge directly with the EEOC without first going to HR. However, failing to use your employer’s complaint process may give the employer an affirmative defense in some supervisor-harassment cases. If you fear retaliation or your employer has no functioning complaint process, contact an employment attorney before deciding how to proceed.

Ready to Fight Back? Talk to Carter Law Group.

You deserve answers, not a runaround. Carter Law Group is a female-owned plaintiffs’ firm in Dallas that represents employees against corporations and institutions. We do not represent companies. We represent people.

If you have been sexually harassed at work in Texas, call us at (214) 390-4173 or use the link below to schedule your free consultation. You pay nothing unless we recover for you.

Contact Carter Law Group | (214) 390-4173

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.

Filing a Sexual Harassment Claim in Texas: Step-by-Step Guide for 2025