RESOURCE · TEXAS SEXUAL HARASSMENT
Texas Workplace Harassment Law: The Chapter 21 Guide
Texas Labor Code Chapter 21 covers sexual harassment at employers with just ONE employee (since 2021) — but the filing windows are short: 180 days for general harassment, 300 for sexual harassment, and untimely complaints must be dismissed. Damages are capped by employer size ($50,000-$300,000). Administrative exhaustion is required before suing.
Reviewed by Craig J. Ackermann, admitted in Texas · Bar No. 24001620
Texas at a glance
- Statute
- Texas Labor Code Chapter 21, "Employment Discrimination" (commonly known as the Texas Commission on Human Rights Act / TCHRA) — Tex. Lab. Code Ann. ch. 21
- Harassment covered at
- SEXUAL HARASSMENT: 1+ employee (Sec. 21.141(1), added by SB 45, eff. Sept. 1, 2021). Clause (B) ('acts directly in the interests of an employer') has been read to expose individuals — managers, owners, HR — to potential liability.
- Discrimination covered at
- 15+ employees for general harassment/discrimination claims (Sec. 21.002(8)(A)); counties, municipalities, and state agencies covered regardless of size (Sec. 21.002(8)(D))
- State agency deadline
- 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 deadline
- 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)
- Damages
- $50,000 (fewer than 101 employees); $100,000 (101-200); $200,000 (201-500); $300,000 (more than 500) — per complainant, combined compensatory + punitive (Sec. 21.2585)
- State agency
- Texas Workforce Commission Civil Rights Division (TWC CRD)
Verified against primary sources 2026-06-10. Statute: Tex. Lab. Code Ann. ch. 21
What you can recover under Texas Labor Code Chapter 21, "Employment Discrimination"
- 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
Special provisions worth knowing
- 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))
Where to file in Texas
TWC CRD
Civil Rights Division (mailing)
101 E 15th StreetAustin, TX 78778
(888) 452-4778
Sexual Harassment guides by city in Texas
Was it also employment discrimination?
The same treatment can be both. If what happened to you in Texas was tied to your race, age, disability, sex, pregnancy, religion, or national origin, a second set of protections may apply, with its own deadlines.