A hostile work environment is more than a triple-digit temperature day in Dallas. It’s more than just disagreeing with a co-worker over what radio station gets played in the shop that afternoon. A hostile work environment is behavior so intimidating and pervasive it makes it impossible to do your work on a daily basis. And it’s illegal.
It can be hard to tell when joking and horseplay become harassment and a hostile environment. When should someone report a coworker or talk to an attorney? Circumstances can be different, but here are some examples of when the line gets crossed and what to do when it is.
Click to skip ahead:
- Defining a hostile work environment
- Submitting a hostile work environment claim
- When do I need a lawyer?
Defining a hostile work environment
In Texas, a “hostile work environment” means harassment against a member of a protected class that is so pervasive and/or severe it prevents the worker from performing their daily work activities. Texas laws prohibit discrimination against anyone based on their race, religion, national origin, ethnicity, gender, sexual orientation, age, or disability. Discrimination includes harassment.
Harassment consists of threats and physical contact, especially unwanted contact. A man hugging a female co-worker after she tells him to stop can be harassment; so can a female hugging a male co-worker after he tells her to stop. Joking about co-workers’ races or religions is as much harassment as pinching someone’s behind.
In general, any repeated or severe behavior based on race, religion, gender, color, or national origin is harassment, especially once the other person asks it to stop. It doesn’t matter if the person thought the jokes were funny before. If you don’t stop when asked, you’re harassing them. And if you’ve never confirmed that the person is really comfortable with the jokes, there’s no way to guarantee that you haven’t been harassing them all along.
A single dirty joke or enthusiastic hug may not be harassment. Texas law defines “harassment” as “ongoing behavior,” although a single incident may be enough to qualify as harassment if it is serious enough. For instance, sexual harassment exists if a harasser forces a victim to either submit to sexual advances to keep their job or be fired. Even a single instance of reporting sexual harassment that results in a retaliatory retaliation is considered illegal.
Submitting a hostile work environment claim
Under Texas law, victims of hostile work environments including sexual harassment need to follow precise steps to make a legal claim against their harasser and employer. Not following these steps could interfere with your claim.
As of September 1, 2021, the Texas Labor Code protects those who experience sexual harassment while working in businesses with as few as one (1) employee. If you work for a small business, consult an attorney for your next steps.
- Report the harassment—in writing—to human resources, your supervisor, or manager. If one of these people is responsible for the harassment, you need to be able to document why you couldn’t report the harassment to them and report it to someone else, preferably HR or a manager. Read more here about how to report a claim to HR.
- Keep a journal of the events surrounding the harassment, including any emotional distress, mental anguish, and any other adverse actions you suffered as a result of the harassment (such as experiencing a retaliatory termination after reporting the harassment).
- Talk to an attorney about filing a claim with the Texas Workforce Commission (TWC). The TWC handles all civil rights employment claims including harassment and discrimination claims. There is a 180 day time limit from the date of the harassment to report it to the TWC, or 300 days from the date of harassment, to file your claim with the EEOC.
When do I need a lawyer?
It’s usually best to contact an attorney if you believe you’re being harassed or discriminated against on the job to let the attorney review your case. Discrimination claims are time-limited, and if you think you’re experiencing discrimination, you should reach out to a legal professional as soon as possible.
Most legal professionals recommend talking to an attorney before filling out your TWC or EEOC complaint form. The TWC wants specific information about your case, and it’s easy for a layperson to forget details, miss deadlines, or even over-include details that might end up hurting you later. Your attorney will ensure you don’t forget anything important that will help your case.
Jackson Spencer Law has been fighting and winning cases in the Dallas-Fort Worth area for over ten years, and we know our way around the Texas Workforce Commission’s requirements. Call us for a free, no-obligation consultation on your case. We’ll review the facts and may be able to help you develop a strategy for your harassment claim.
