San Antonio Employment Law Blog

What’s sexual discrimination in Texas?

In Texas, the law defines sexual discrimination as being treated differently than other employees you work with due to being female or male. This also includes being pregnant, facing stereotypes due to your gender or sex, and facing assumptions due to your sex.

There are a few unlawful actions employers could make in regards to your sex, which would be counted as sexual discrimination. These include the denial of a promotion, the denial of hiring or termination due to your sex.

One kind of sexual discrimination comes in the form of sexual harassment. Specifically defined as unwelcome advances, physical touching of a sexual nature or requests for sexual favors, this harassment is illegal in all workplaces in Texas. Teasing and offhand comments may not always be considered sexual harassment, but they can be considered during a case. A judge would also consider other things, like the fact that males and females can suffer from this kind of harassment.

Harassers can be identified as employees, coworkers, supervisors, agents of the employer or others. Interestingly, you may be in a position to file a lawsuit even if you weren’t personally harassed; if you were affected by the harassment, you are within your rights to take legal steps against it. Of course, the harasser’s conduct must not be welcomed. If it was welcomed at the time, then it may not be seen as harassment by the court.

When sexual harassment allegations are made, all aspects of the case need to be considered. The circumstances around the complaint, nature of the sexual advances and when the incidents occurred all matter to the courts. If you’re concerned and think you may want to file a complaint, it’s important to speak with someone familiar with your situation and the laws of the state. You need to move forward with evidence to back your claims, and you deserve to have your voice heard.

Source: Texas Workforce Commission, “Sex Discrimination” accessed Feb. 11, 2015

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