If you were fired after reporting sexual harassment at your Austin workplace, that termination may be illegal retaliation under federal and Texas law. Employees who report harassment are legally protected from punishment for speaking up. Many workers do not realize they may have a claim until after they have already lost their job. At The Galo Law Firm, we help Austin employees understand their options and take action when employers cross the line.
Call (210) 764-6135 or contact us online to discuss what happened and explore possible next steps.
What Counts as Workplace Sexual Harassment in Texas?
Sexual harassment is a form of unlawful employment discrimination under federal and state law. It does not have to involve physical contact to be illegal. Title VII of the Civil Rights Act of 1964 prohibits sexual harassment at the federal level, and Texas employees are also protected under Texas Labor Code § 21.051 through the Texas Commission on Human Rights Act.
Examples of workplace sexual harassment may include:
- Unwanted touching, hugging, or physical advances
- Sexual jokes, comments, or suggestive remarks
- Sending sexually explicit emails, messages, or images
- Requests for sexual favors in exchange for workplace benefits
- Exposure of sexual images or conduct in the workplace
- Threats related to employment if sexual advances are rejected
- Sexual assault or coercive behavior
When harassment occurs, and an employee reports it, the employer must investigate and address the problem. Firing the employee instead may create grounds for a retaliation claim.
What Is a Hostile Work Environment?
A hostile work environment exists when harassment becomes severe or persistent enough to interfere with an employee’s ability to perform their job. Not every offensive remark creates a legal claim. However, repeated conduct or extremely serious behavior can meet the legal standard.
Examples of a sexually hostile work environment may include:
- Repeated unwanted advances from a supervisor or coworker
- Persistent sexual jokes or comments directed at a worker
- Explicit requests for sexual favors
- Workplace intimidation tied to sexual conduct
- Sabotaging work assignments or professional relationships
Courts look at the overall work environment to determine whether harassment was severe or pervasive. Investigators often examine company records, witness statements, and the employee’s experience.
What Is Quid Pro Quo Sexual Harassment?
The term “quid pro quo” means “this for that.” In employment law, it refers to situations where workplace benefits are contingent on sexual favors. Examples of benefits involved in quid pro quo harassment include:
- A raise or bonus
- A promotion
- Favorable scheduling
- A job offer or recommendation
- Continued employment
In many cases, the person making these demands is a supervisor or manager with authority over the employee’s job. When an employee rejects the demand and suffers consequences such as termination, the employer may be legally responsible. Since quid pro quo situations often involve conflicting accounts, documentation and evidence can be especially important.
Steps to Take If You Were Fired After Reporting Sexual Harassment
Understand Texas Employment Law
Texas follows an at-will employment system, meaning employers may terminate employees for almost any reason. However, termination cannot be based on illegal motives such as discrimination or retaliation. Retaliating against an employee who reports harassment violates federal law under Title VII and Texas law under Texas Labor Code § 21.055.
Preserve Evidence
Documentation is important in retaliation cases. Evidence may include:
- Emails or text messages
- Copies of complaints filed with management or HR
- Performance reviews
- Written warnings or disciplinary records
- Notes about workplace incidents
Timing can also matter. If termination occurred shortly after reporting harassment, that sequence may support a retaliation claim.
File a Complaint With a Government Agency
Before filing a lawsuit, employees generally must submit a complaint to a government agency. Complaints can be submitted to either:
- The Equal Employment Opportunity Commission (EEOC)
- The Texas Workforce Commission Civil Rights Division
In Texas, because the EEOC has a work-sharing agreement with the Texas Workforce Commission Civil Rights Division, most employees have up to 300 days from the discriminatory act to file.
These agencies investigate discrimination and retaliation claims and may issue a right-to-sue notice allowing a lawsuit to proceed.
Who Can Be Responsible for Workplace Sexual Harassment?
Several parties may be responsible for harassment or retaliation, depending on the situation:
- Employers: May be liable if they knew about harassment and failed to stop it, including for actions taken by supervisors.
- Supervisors or managers: Can expose both themselves and their employer to legal liability when they engage in harassment.
- Coworkers: May still create employer liability if the employer fails to address the behavior after receiving complaints.
- Third parties: Customers, vendors, contractors, or clients may also create harassment claims if the employer allows the conduct to continue.
What Compensation May Be Available After Retaliation?
If an employee proves they were fired for reporting sexual harassment, several forms of compensation may be available:
- Back pay
- Front pay
- Emotional distress damages
- Punitive damages
- Reinstatement
Why Choose The Galo Law Firm
Employment retaliation cases require attorneys who know how to work through workplace records, internal complaint histories, and employer counter-narratives to build a clear picture of what actually happened. At The Galo Law Firm, we focus on holding Austin employers accountable when an employee is punished for reporting sexual harassment.
When you contact us about being fired after reporting harassment, we begin by carefully reviewing the timeline of events, internal complaints, and the employer’s stated reasons for termination. Employees who report harassment are entitled to legal protection, not retaliation from the employer they trusted.
Common Questions About Being Fired After Reporting Sexual Harassment
What if My Employer Claims I Was Fired for Another Reason?
Employers often argue that termination occurred for legitimate, non-retaliatory reasons. Investigators and courts look at documentation, timelines, and workplace history to determine whether retaliation was the true motive. Evidence such as the timing of the termination relative to the complaint, prior positive performance reviews, and internal communications can be particularly useful in these situations.
Do I Need Evidence Before Seeking Legal Advice?
Not necessarily. Even if you are unsure about the strength of your evidence, an attorney can review your situation and help identify potential sources of proof you may not have considered.
Contact Our Austin Wrongful Termination Attorneys at The Galo Law Firm
If you were fired after reporting sexual harassment, you should not have to handle the situation alone. Retaliation for reporting harassment is prohibited by law, and employees who come forward deserve protection. Call (210) 764-6135 or contact us online to discuss your situation with our team at The Galo Law Firm.