Employees who experience sexual assault in the workplace may be unsure whether their circumstances give rise to a legal claim or what options may be available to them. Misconceptions about workplace sexual assault claims can make that uncertainty more difficult. An employee may believe that no claim exists because the incident was not reported to law enforcement, because there was no arrest, because a workplace policy or agreement was signed, or because too much time has passed. These assumptions do not necessarily reflect how Texas or federal law applies to a particular situation. Understanding the legal standards and protections that may apply can help Texas employees make informed decisions about their rights and whether to seek legal guidance.
Misconceptions About Whether a Claim Exists at All
"Nothing can happen unless the police get involved"
This is probably the most consequential misunderstanding of all. A civil claim does not require a police report, an arrest, or a prosecutor's decision to press charges. The two systems are separate: prosecutors decide criminal matters, and a private individual decides whether to bring a civil action. Someone who chose not to report to law enforcement, or who reported and saw no charges result, may still have civil options available. Whether to report is a personal decision, but it is not a gateway that must be passed through first.
"Without a conviction, a civil case cannot succeed"
Criminal and civil cases are decided under different standards. A criminal conviction requires proof beyond a reasonable doubt, the highest standard in American law. A civil claim is generally decided by a preponderance of the evidence, meaning the jury must find it more likely than not that the conduct occurred. This is why a case that a prosecutor declined to file or that ended in an acquittal can still be viable in civil court. It does not mean any particular civil case will succeed, but the absence of a conviction is not the barrier people assume it to be.
Misconceptions About Deadlines and Employer Size
"The deadline has already passed"
There is no single deadline, and this is where people most often talk themselves out of a claim. Different legal routes carry different clocks that can run simultaneously on the same set of facts. A harassment complaint filed with the Texas Workforce Commission generally must be submitted within 300 days of the conduct, a deadline extended from 180 days for sexual harassment specifically in 2021. The federal timeline is separate: the Equal Employment Opportunity Commission's filing deadlines allow 300 days in Texas because the state has its own enforcing agency. A civil suit for assault, by contrast, follows a court deadline rather than an administrative one and is often considerably longer. Assuming the shortest deadline applies to everything is a common and costly error.
"My employer is too small for these laws to apply"
This one was accurate for many years and is now outdated. Texas employment discrimination protections historically applied only to employers with 15 or more employees. Effective September 1, 2021, the Texas Labor Code was amended so that, specifically for sexual harassment claims, an employer means a person who employs one or more employees or who acts directly in the interests of an employer in relation to an employee. In practical terms, nearly every Texas employer is now covered, and the amended definition also opened the door to claims against individuals such as supervisors. Employees at small businesses who wrote off their situation years ago may be working from a version of the law that no longer exists.
Misconceptions About Documents an Employee Signed
"I signed an arbitration agreement, so I cannot go to court"
Arbitration clauses buried in onboarding paperwork have historically pushed workplace disputes out of the courtroom. Federal law changed this for sexual misconduct claims. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which took effect in March 2022, allows a person alleging sexual assault or sexual harassment to decline to be bound by an arbitration agreement signed before the dispute arose, and to bring the claim in court instead. The election belongs to the employee, not the employer. Courts are still working through questions about the law's precise scope and which disputes fall within it, so this is an area where individual legal advice matters.
"My confidentiality agreement means I am not allowed to speak"
Federal law also addressed nondisclosure and non-disparagement clauses. Legislation enacted in December 2022 limits the enforceability of such clauses when they were agreed upon before a sexual assault or sexual harassment dispute arose. The protection is not unlimited, and it does not automatically void every confidentiality provision, particularly those negotiated as part of settling a dispute that had already arisen. Anyone who believes a signed document prevents them from speaking or filing should have that specific document reviewed rather than assume the worst.
Misconceptions About Harm, Proof, and Employment Status
"I was not physically hurt, so there is nothing to claim"
Compensable harm is not limited to visible physical injury. Depending on the circumstances, a claim may account for psychological injury, the cost of therapy and medical care, lost wages, damage to earning capacity, and effects on a person's career trajectory. These harms often outlast anything a physical examination would show. Documentation still matters, but the absence of a physical injury does not close the door.
"It is just my word against theirs"
Cases that feel like pure disagreement often are not, once someone looks properly. Personnel files, prior complaints about the same person, messages, scheduling and access records, and accounts from other employees can all bear on what happened. Testimony is itself evidence, and a case is not automatically unwinnable because there were no witnesses in the room. A Houston personal injury law practice that handles these matters can assess what corroboration may realistically be available.
"I already left the job, so I gave up my rights"
Resigning, being terminated, or accepting a final paycheck does not by itself extinguish a claim. Deadlines continue to run, which makes timing important, but leaving employment does not waive them. Employees also sometimes assume that not having used an internal complaint process is fatal. Internal reporting may be relevant to certain claims, but it is not a universal prerequisite.
Getting Accurate Answers About Your Own Situation
The common thread running through all these misconceptions is that each one leads someone to close a door without first checking whether it is locked. The law in this area shifted substantially in 2021 and 2022, and beliefs formed before then may no longer hold. Because the correct deadline, the available claims, and the effect of any documents signed all turn on specific facts, general information can only take a person so far. Chelsie King Garza, P.C. is a Houston personal injury law firm handling workplace sexual assault claims, with a practice that also includes mediation services. If any of the assumptions above sound familiar, a confidential conversation with a qualified attorney is a reasonable next step, and you are welcome to get in touch to discuss your circumstances.
