Workplace Harassment
Claims in Austin, Texas
Harassment at work — sexual, racial, or any protected trait — is illegal. And Texas may give you as little as 180 days to act. How deadlines work ↓
Protected at work
$150 million+ recovered for workers
What this looks like in real life — and what the law calls it.
Harassment is usually smaller, repeated, and easier to doubt than people expect. The legal test is whether unwelcome conduct tied to who you are made your job hostile — it does not have to be sexual, physical, or loud. Each situation below maps to a real claim.
He says the comments are jokes. They're about my body, and they happen every shift.
The law calls it → sexual harassment (hostile work environment)
- "My manager hinted my hours depend on how 'friendly' I am after work." The law calls it → quid pro quo sexual harassment
- "The 'nicknames' are slurs. Everyone laughs, so I'm supposed to." The law calls it → racial or national-origin harassment
- "Since I started wearing a hijab, I'm suddenly 'not a culture fit' for client meetings." The law calls it → religious discrimination
- "They call me 'grandpa' in standups and gave the project I built to someone half my age." The law calls it → age-based harassment (40+)
- "I reported it to HR. Two weeks later my performance was suddenly a problem." The law calls it → retaliation — illegal even if the original complaint isn't proven
- "They didn't fire me. They just made every day bad enough that I'd quit." The law calls it → constructive discharge
These cover sex, race, religion, age, disability, national origin, LGBTQ+ status, and retaliation — every protected ground, in any industry. If something here is familiar, you don't have to be sure before you ask.
Illustrative situations — not client accounts.
What happens after you reach out.
You don't need documents, a lawyer-ready story, or even certainty that what happened was illegal. Here's the whole process — and what we handle for you at each step.
- A free, confidential consultation. Usually 15 minutes. You tell us what happened; we tell you honestly whether you may have a case and which deadlines apply to you. If we're not the right fit, we say so.
- We build the record. We help you preserve what matters — texts, emails, schedules, reviews, witness names — and map your strongest claims under Texas and federal law.
- We handle the filings. Agency complaints have strict formats and fatal deadlines. We draft and file with the right agency — state, federal, or both — so nothing lapses while you keep living your life.
- We negotiate from strength. Most matters resolve without a trial — through demand letters and negotiated settlements covering lost pay, emotional distress, and terms that protect your future references.
- If they won't make it right, we litigate. We've taken harassment cases to jury verdicts. You pay nothing unless we win — our fee comes out of the recovery, never your pocket.
Honest expectations: agency processes run months, not weeks — but many matters resolve sooner through negotiation, and acting early protects both your evidence and your deadlines. We'll give you a realistic timeline for your situation on the first call.
How long do you have to file a harassment claim?
Harassment at an Austin workplace — sexual, racial, or based on any protected trait — is illegal under Texas law. Sexual harassment is covered even at one-employee companies, and deadlines run fast: as few as 180 days for most claims (300 for sexual harassment). Document what happened, and talk to an employment lawyer before the clock runs out. Compare all states →
Texas Labor Code Chapter 21, "Employment Discrimination" (commonly known as the Texas Commission on Human Rights Act / TCHRA)
Tex. Lab. Code Ann. ch. 21
Covers harassment at employers with 1+ employee for sexual harassment (15+ for other claims) .
What you can recover
- Combined compensatory + punitive damages capped by employer size (Sec. 21.2585)
- Back pay, interest on back pay, and equitable relief NOT subject to caps
- Punitive damages unavailable against governmental entities (Sec. 21.2585(b)); require malice or reckless indifference
$50,000 (fewer than 101 employees); $100,000 (101-200); $200,000 (201-500); $300,000 (500+) — per complainant, combined compensatory + punitive (Sec. 21.2585)
Punished for speaking up? That's a separate claim.
Sec. 21.055: unlawful to retaliate against a person who (1) opposes a discriminatory practice; (2) makes or files a charge; (3) files a complaint; or (4) testifies, assists, or participates in an investigation, proceeding, or hearing
Three things worth knowing about Texas law
- SEXUAL HARASSMENT (Subchapter C-1, Secs. 21.141-21.142, SB 45 2021): 1+ employee threshold — covers the smallest employers
- Employer duty: 'immediate and appropriate corrective action' once employer/agents/supervisors know or should have known (Sec. 21.142) — stricter than the federal 'prompt remedial action' standard
- Potential individual liability for those who 'act directly in the interests of an employer' (Sec. 21.141(1)(B))
Every deadline that could apply to you
- Texas Workforce Commission Civil Rights Division (state)
- 180 days for general discrimination/harassment (Sec. 21.202(a)); 300 days for SEXUAL HARASSMENT (Sec. 21.202(a-1), added by HB 21, eff. Sept. 1, 2021). Untimely complaints SHALL be dismissed (Sec. 21.202(b)).
- Federal EEOC (Equal Employment Opportunity Commission)
- 300 days for Title VII claims (Texas is a deferral state — TWC Civil Rights Division is the state FEPA)
- Civil suit
- No direct suit — administrative exhaustion required. 60 days to sue after right-to-sue notice (Sec. 21.254); no civil action later than 2 years after the complaint was filed (Sec. 21.256).
- After right-to-sue
- 60 days from right-to-sue notice (Sec. 21.254); TWC must notify complainant if unresolved at 180 days (Sec. 21.208)
The mistakes that end Austin cases before they start.
- Texas general harassment claims get only 180 days at the TWC — among the shortest windows in the country. Untimely complaints SHALL be dismissed (the statute is mandatory).
- Sexual harassment gets 300 days — but only because of a 2021 law (HB 21); don't assume the longer window applies to race/age/disability claims.
- Administrative exhaustion is REQUIRED in Texas — you cannot go straight to court.
- After the right-to-sue letter: just 60 days to sue, and never later than 2 years after the original complaint.
- Austin's city ordinance window is shorter still (~100 days).
Where harassment claims arise in Austin.
The law protects you in every industry and every workplace — and these are real, public enforcement actions in and around Austin, not hypotheticals. The EEOC's Select Task Force identified workplace risk factors that map directly onto Austin's economy: decentralized workplaces, significant power disparities, customer-facing work, alcohol-centric venues, and young workforces.
- Auto sales EEOC v. South Austin Nissan (filed Dec. 2023, W.D. Tex. Austin Division): the EEOC alleged managers regularly touched or attempted to touch female employees and told saleswomen to "show more, sell more" — and that complaints to HR and the COO produced no action. source ↗
- Horticulture & nursery Altman Specialty Plants agreed to pay $172,000 (July 2024) to conciliate EEOC findings that a supervisor sexually harassed female employees at its Austin location "for an extensive period," with retaliation against those who complained. source ↗
- Statewide — every industry Texas workers filed 6,990 EEOC charges in FY 2022 — about 9.5% of all charges in the country. Retaliation appeared in 58% of Texas charges. source ↗
Three venues. Different deadlines. One decision.
State · TWC CRD Texas Workforce Commission Civil Rights Division
Federal · EEOC EEOC San Antonio Field Office
There is no EEOC office in Austin — Travis, Williamson, Hays, Bastrop, and Caldwell counties are served by the San Antonio Field Office. Most Austinites file online via the EEOC Public Portal.
Legacy Oaks, Building A, 5410 Fredericksburg Road, Suite 200San Antonio, TX 78229
1-800-669-4000
8:00 a.m. – 4:30 p.m., Monday–Friday EEOC Public Portal →
Court Travis County Civil District Courts
1700 Guadalupe Street
Austin, TX 78701
(512) 854-9457
Federal (Title VII): U.S. District Court, Western District of Texas — Austin Division, 501 West Fifth Street, Suite 1100
Bonus venue · city City of Austin Civil Rights Division (Office of Equity and Inclusion)
Austin has its own civil rights office (created 2020) enforcing the city's anti-discrimination ordinance (City Code Ch. 5-3). Its main value: broader protected classes (Austin codified sexual orientation and gender identity protections before state law) and a local venue. Note: city complaints have a much shorter window (~100 days — verify before relying on it).
(512) 974-3251
The filing path, step by step
- Document everything first — dates, times, witnesses, screenshots, texts. Texas's deadlines are short and mandatory.
- Sexual harassment: file with the TWC Civil Rights Division (headquartered in Austin at 101 E 15th St) via EDISS within 300 days, or with the EEOC within 300 days. Charges dual-file between the two.
- Other harassment/discrimination (race, age, disability, religion, national origin): the TWC window is only 180 days.
- City option: Austin's Civil Rights Division (512-974-3251) — broader protected classes but a shorter (~100-day) window.
- After a right-to-sue notice: 60 days to file suit; state claims go to Travis County Civil District Courts (1700 Guadalupe St), federal Title VII claims to the W.D. Tex. Austin Division (501 W 5th St).
$150 million+
Recovered for workers — including a $23.5 million sexual harassment settlement for 150 female workers.
Results obtained primarily in California matters. Prior results do not guarantee a similar outcome. Every case is different; the value and outcome of your matter will depend on its specific facts.
The attorneys behind this page.
You'll talk to the people on this page — not a call center. Licensed in California and Washington. Matters in this state are handled in association with licensed local counsel — how that works →
pending
Craig J. Ackermann
CA STATE BAR NO. 229832
Craig J. Ackermann has 25 years of employment law experience and has served as lead or co-lead counsel in more than 600 class, collective, or PAGA actions since 2007 on behalf of more than 500,000 workers.
Full bio →pending
[Avi — full name placeholder]
WASHINGTON STATE BAR NO. [PENDING]
Bio paragraph pending from Ackermann & Tilajef. Leads the firm's Washington practice from the Tacoma office.
Full bio →The clock is real. Action is simple.
- Document everything Dates, times, places, exact words, witnesses. Contemporaneous notes are powerful evidence.
- Preserve messages Screenshot texts, emails, chat messages — before you lose access to work accounts.
- Report it in writing Internal reports create a record and trigger your employer's legal duty to act.
- Don't sign anything quickly Severance and separation agreements can affect your rights. Have them reviewed first.
- Know retaliation is illegal Cut hours, worse shifts, exclusion, or termination after you report may be a separate violation.
- Get a free consultation Deadlines are short and mandatory. An employment lawyer can map your options quickly.
Asked by Austin workers.
I work at a tech startup in Austin with 8 employees — am I covered for sexual harassment?
Yes. Since September 1, 2021, Texas Labor Code §21.141 covers sexual harassment at employers with one or more employees. Federal Title VII still requires 15+, but the state claim stands on its own — this matters enormously in Austin's startup economy, where most early-stage companies are under 15 people.
Can I sue my manager personally for sexual harassment in Texas?
Possibly. Texas's sexual harassment law defines "employer" to include anyone who "acts directly in the interests of an employer in relation to an employee" — language that has been read to expose individual managers, owners, and HR personnel to potential liability. This is unusual; most employment laws only reach the company.
How long do I have to file if I was harassed at an Austin bar or music venue?
300 days with the TWC Civil Rights Division for sexual harassment; only 180 days for other kinds of harassment or discrimination. High-turnover hospitality workers often run out the clock without realizing it — if it happened during SXSW or a festival season, count carefully.
I work for the State of Texas at the Capitol complex — how do I file a harassment complaint?
State agencies are covered by Texas Labor Code Chapter 21 regardless of how many people they employ. You file with the TWC Civil Rights Division (its headquarters is blocks from the Capitol at 101 E 15th St) or the EEOC. One caveat: punitive damages aren't available against governmental entities.
Does harassment by SXSW attendees, clients, or vendors count?
It can. Texas law makes the employer liable where it knows or should have known of sexual harassment and "fails to take immediate and appropriate corrective action" — the harasser doesn't need to be a coworker. Event and hospitality settings are recognized EEOC risk environments.
Where is the EEOC office for Austin?
There isn't one in Austin. Travis County is served by the San Antonio Field Office (5410 Fredericksburg Rd). In practice, most people file online through the EEOC Public Portal or with the TWC Civil Rights Division here in Austin — charges automatically dual-file between the two agencies.
I reported harassment and got cut from the schedule — is that retaliation?
It may be. Texas Labor Code §21.055 makes it unlawful to retaliate against anyone who opposes a discriminatory practice, files a charge or complaint, or participates in an investigation — and retaliation is independently unlawful even if the underlying harassment claim isn't ultimately proven, as long as your report was in good faith.
What can I actually recover in a Texas harassment case?
Back pay and equitable relief (uncapped), plus compensatory and punitive damages capped by employer size: $50,000 for employers under 101 employees up to $300,000 for employers over 500. Texas's caps make case strategy matter — an experienced employment lawyer will evaluate whether federal claims, state claims, or both maximize your recovery.
Talking to us is easier than you think.
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No fee unless we win. No pressure. Some people just want to know where they stand.
Talk to someone who's recovered millions for workers like you.
Two minutes to start. Matters in Texas are handled in association with licensed local counsel.
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