For someone who has experienced sexual assault in the workplace, deciding what to do next can be difficult. A survivor may be dealing with the effects of the assault while also trying to understand whether they can take legal action, who may be responsible, and how much time they have to act.
Texas law provides different deadlines depending on the type of claim involved. A civil claim based on sexual assault may have a different statute of limitations from a workplace sexual harassment claim under Texas employment law. Federal law can impose another deadline for filing an employment discrimination charge. The identity of the person or entity being sued can also affect the legal analysis.
For these reasons, there is no single deadline that applies to every workplace sexual assault case in Texas. Understanding the distinction between these claims is important because missing an applicable filing deadline can affect a survivor's ability to pursue compensation or other legal remedies.
Texas Law Allows Five Years for Certain Sexual Assault Injury Claims
Texas generally gives people two years to bring a personal injury lawsuit. However, Texas Civil Practice and Remedies Code Section 16.0045 creates a longer limitations period for certain injuries resulting from sexual offenses.
Under Section 16.0045(b), a person generally has five years from the date the cause of action accrues to bring a personal injury lawsuit when the injury results from conduct that violates the Texas Penal Code provisions defining sexual assault or aggravated sexual assault of an adult.
This five-year period can be particularly important in a workplace sexual assault case. The fact that the assault happened at work does not automatically turn the entire case into a workplace discrimination claim. Depending on the circumstances, a survivor may have a personal injury claim based on the underlying assault in addition to potential employment-related claims.
A Sexual Harassment Claim Has a Much Shorter Administrative Deadline
A workplace sexual assault may also constitute sexual harassment under Texas employment law. That creates another important deadline.
Texas Labor Code Chapter 21 defines sexual harassment to include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when specified employment-related conditions are present. The law also covers conduct that has the purpose or effect of creating an intimidating, hostile, or offensive working environment.
Under Texas Labor Code Section 21.202, a complaint alleging sexual harassment generally must be filed with the Texas Workforce Commission within 300 days after the alleged sexual harassment occurred. The Texas Workforce Commission confirms that this 300-day deadline applies specifically to sexual harassment complaints.
A survivor who may have a sexual harassment claim should consider the 300-day administrative deadline separately from any deadline that applies to a civil assault claim.
Federal Law May Create Another Filing Deadline
Title VII of the Civil Rights Act of 1964 also prohibits workplace discrimination based on sex, including sexual harassment.
In Texas, an individual generally has 300 days from the alleged discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC) when the applicable state or local law allows the extended filing period. The EEOC's Dallas District Office specifically states that individuals in Texas generally have 300 days to file a charge involving sex discrimination against a covered employer.
Title VII generally applies to private employers with 15 or more employees. Texas law has a different rule for sexual harassment. Following changes made by the Texas Legislature, the Texas Labor Code's sexual harassment provisions can apply to an employer with one or more employees.
The 300-day period is therefore an important date to identify as soon as possible. Waiting for an employer's internal investigation does not necessarily preserve the deadline. The EEOC specifically warns that the filing period generally is not extended simply because a person is pursuing an internal grievance, arbitration, or mediation.
Filing a Complaint and Filing a Lawsuit Are Different Steps
Another source of confusion is the difference between filing an administrative complaint and filing a lawsuit.
For a claim under Texas Labor Code Chapter 21, a survivor may first need to file a complaint with the Texas Workforce Commission. If the commission issues a notice of the right to file a civil action, Texas law generally provides 60 days after receiving that notice to bring the civil action.
These rules illustrate why simply counting from the date of an assault can be misleading. The deadline for an initial administrative complaint is one issue. The deadline for filing a subsequent lawsuit is another.
The Person Responsible Can Affect the Legal Claim
A workplace sexual assault case may involve more than one potentially responsible party, but the legal claims against those parties are not necessarily identical.
For example, a survivor may have a claim against the person who allegedly committed the assault. Depending on the circumstances, there may also be claims involving an employer's conduct, including allegations that the employer knew about harassment and failed to take appropriate corrective action.
Claims against an employer may therefore, require a different legal analysis from claims against the individual accused of committing the assault.
What If the Survivor Did Not Report the Assault Right Away?
A survivor may hesitate to report an assault because of fear of retaliation, concerns about employment, uncertainty about what will happen next, or simply because they are not ready to discuss what happened.
A delayed report does not automatically answer whether a legal claim is available. The effect of a delay depends on the particular claim and the facts surrounding it.
What Should a Survivor Do After a Workplace Sexual Assault?
There is no single checklist that applies to every survivor, but preserving information can be useful when a legal claim is being considered.
Relevant records may include emails, text messages, workplace communications, performance reviews, disciplinary records, reports to supervisors or human resources, medical records, and other documentation related to the incident or its effects.
It can also be helpful to preserve information about when the incident occurred, when it was reported, who was told about it, and how the employer responded. A survivor does not need to have every piece of evidence assembled before seeking legal advice.
Understanding the Deadline Is the First Step Toward Protecting Your Rights
At Chelsie King Garza, P.C., we understand that a workplace sexual assault case can involve both personal injury and employment-related legal issues. The deadlines can be difficult to navigate, particularly when different laws establish different filing requirements.
As a mediation-focused firm, we believe understanding the legal issues and available paths toward resolution is an important part of evaluating a dispute. We can help clients examine the circumstances of their case, identify the claims and deadlines that may apply, and consider whether mediation or another form of dispute resolution is appropriate. Because every case is different, anyone who has experienced workplace sexual assault should seek legal advice as soon as possible rather than relying on a general limitations period.
