Workplace Harassment Claims in Austin, Texas
Harassment at work — sexual, racial, or based on any protected trait — is illegal. And Texas may give you as little as 300 days to act. How deadlines work ↓
Protected at work
$23.5M
Settlement · 150 women · sexual harassment
$15M
Jury verdict · Hender v. Nike · gender pay discrimination · 2026
Prior results don't guarantee a similar outcome.
Reviewed by Craig J. Ackermann, admitted in Texas · Bar No. 24001620
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.
What this looks like in real life — and what the law calls it.
Sexual harassment is usually smaller, repeated, and easier to doubt than people expect. The legal test is whether unwelcome conduct tied to sex made your job hostile — it does not have to be physical or loud.
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 comments stopped being about work a long time ago. Now it's my body, my clothes, my dating life. The law calls it → hostile work environment based on sex
- After I turned him down, my good shifts disappeared and my reviews got worse. 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
- My startup's founder calls it 'Austin casual' — the touching at team happy hours isn't casual to me. The law calls it → hostile work environment — off-site work events count
These cover unwelcome sexual advances or comments, quid pro quo (job tied to sexual conduct), hostile work environment based on sex, pregnancy and gender, sexual orientation and gender identity, retaliation for reporting — 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 identify your available claims under Texas and federal law.
- We handle the filings. Agency complaints have strict formats and unforgiving 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 — where negotiable — terms addressing references and future employment.
- If they won't make it right, we litigate. We've taken cases to trial when employers won't make it right. Ask us how fees and case costs work before you decide anything.
How long do you have to file a sexual harassment claim in Austin?
The controlling clock is 300 days — to file a sexual-harassment claim with the twc. Every route has its own deadline, and they start from different events:
Texas sexual harassment filing deadlines · last reviewed 2026-06-10
- To file a sexual-harassment claim with the TWC 300 days
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)).
Tex. Lab. Code Ann. ch. 21 - To file with the federal EEOC 300 days
300 days for Title VII claims (Texas is a deferral state — TWC Civil Rights Division is the state FEPA)
eeoc.gov - To sue after the state clears you 60 days
60 days from right-to-sue notice (Sec. 21.254); TWC must notify complainant if unresolved at 180 days (Sec. 21.208)
Tex. Lab. Code Ann. ch. 21
| Route | Deadline | The fine print | Source |
|---|---|---|---|
| To file a sexual-harassment claim with the TWC | 300 days | 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)). | Tex. Lab. Code Ann. ch. 21 |
| To file with the federal EEOC | 300 days | 300 days for Title VII claims (Texas is a deferral state — TWC Civil Rights Division is the state FEPA) | eeoc.gov |
| To sue after the state clears you | 60 days | 60 days from right-to-sue notice (Sec. 21.254); TWC must notify complainant if unresolved at 180 days (Sec. 21.208) | Tex. Lab. Code Ann. ch. 21 |
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 sexual harassment claims at employers with one or more employees — even the smallest employers (since Sept. 2021).
Full Texas sexual harassment law: deadlines, damages & agencies →What mistakes 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 has its own clock — confirm it with the city office before relying on it.
Where do sexual harassment claims arise in Austin?
The law protects workers across industries — 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.
- Race / national origin EEOC v. Austin Foam Plastics (W.D. Tex., Austin Division): $600,000 settlement (October 2010) of a suit alleging African-American employees were subjected to racially offensive comments, jokes, and images that denigrated them — part of a combined harassment case in which the EEOC also alleged sexual harassment and the firing of a worker who complained. source ↗
- 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 ↗
These are government enforcement actions by the EEOC — not this firm's cases. They show how the law is enforced locally; results vary with the facts.
Where do you file a sexual harassment claim in Austin?
State · TWC CRDTexas Workforce Commission Civil Rights Division
Federal · EEOCEEOC 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 →
CourtTravis 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 · cityCity 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: per the city’s complaint form, city complaints follow a 180-day window (300 days for sexual harassment) — confirm current rules with the office.
(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; per the city's complaint form, 180 days (300 for sexual harassment).
- After a right-to-sue notice: 60 days to file a state-law (TCHRA) suit in the Travis County Civil District Courts (1700 Guadalupe St); a federal Title VII suit has 90 days from the EEOC notice, filed in the W.D. Tex. Austin Division (501 W 5th St).
Real verdicts and recoveries in workplace harassment and discrimination cases.
$23.5 million
150 women · Sexual harassment (multi-plaintiff)
Financial services / brokerage · early 2000s
$1 million
a group of women · Sexual harassment (multi-plaintiff)
Shipping / logistics · 2022
$319,000
1 plaintiff · Title VII sexual harassment + retaliation (won at trial AND on Ninth Circuit appeal)
Janitorial / contract services · 2012
$15 million
1 plaintiff · Gender pay & promotion discrimination — jury verdict (punitive damages under federal + Oregon law)
Athletic apparel · 2026
Dozens of additional sexual harassment matters resolved in the $100,000–$400,000 range.
Prior results do not guarantee a similar outcome.
The attorney behind this page.
You'll talk to real people at our firm — not a call center. This page is reviewed by an attorney licensed in Texas.
Craig J. Ackermann
TEXAS BAR NO. 24001620
Craig Ackermann focuses on sexual and racial harassment cases, with more than two decades of employment law and class action experience.
Full bio →Our firm represents employees in Austin through attorneys licensed in Texas. We maintain physical offices in Beverly Hills, California and Tacoma, Washington. We do not maintain a physical office in Austin unless expressly stated. Consultations may be available by phone, video, or by arrangement. Prior results do not guarantee a similar outcome.
Also from our Austin team
Facing workplace discrimination instead — or both? Austin employment discrimination guide →
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.
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