Sexual misconduct in the workplace can take many forms, and the legal terminology used to describe it matters. Sexual harassment and sexual assault are not interchangeable terms under Texas law. They involve different legal standards, although the same incident can sometimes raise issues under both.
For someone who has experienced sexual misconduct at work, understanding this distinction can make it easier to recognize what legal options may be available. Workplace sexual assault may involve criminal conduct under the Texas Penal Code, while sexual harassment is generally addressed through employment discrimination laws. Depending on the circumstances, a person may also have grounds for a civil personal injury claim.
How Texas Defines Sexual Assault
Texas Penal Code Section 22.011 addresses sexual assault. In general terms, the statute applies to certain intentional or knowing sexual conduct committed without the other person's consent. It also identifies circumstances in which a person is considered unable to consent under the law.
The fact that an incident occurs at work does not change the basic definition of sexual assault. An employee may potentially be sexually assaulted by a supervisor, coworker, customer, contractor, or another person encountered through their employment.
The relationship between the people involved is not what determines whether conduct qualifies as sexual assault. The specific circumstances, including consent and the nature of the conduct, are important.
Texas separately defines aggravated sexual assault under Section 22.021. Additional circumstances must be present for conduct to fall within that offense.
Because these laws contain specific requirements, it is not always possible to determine the legal classification of an incident based simply on how an employer, coworker, or even the person involved describes what happened.
What Counts as Sexual Harassment
Sexual harassment is generally considered an employment discrimination issue rather than a criminal offense.
Texas Labor Code Chapter 21 defines sexual harassment as an unwelcome sexual advance, request for a sexual favor, or other verbal or physical conduct of a sexual nature when certain employment-related conditions exist. These can include the conduct becoming a condition of employment, being used as the basis for an employment decision, interfering with an employee's work performance, or creating an intimidating, hostile, or offensive work environment.
Federal law also prohibits workplace sexual harassment under Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission, or EEOC, recognizes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature as potential forms of harassment.
Importantly, sexual harassment does not necessarily involve physical contact.
Repeated unwanted comments, propositions, or other sexually inappropriate conduct can potentially create a harassment claim depending on the circumstances. The severity, frequency, and effect of the conduct can all be relevant.
The Difference Between Assault and Harassment
The clearest distinction is that sexual assault is a criminal offense, while sexual harassment is primarily an employment law issue.
A sexual assault claim under Texas criminal law focuses on whether specific conduct prohibited by the Penal Code occurred. Criminal cases are generally investigated by law enforcement and prosecuted by government attorneys.
A sexual harassment claim focuses on unwelcome sexual conduct and its connection to employment. It may involve questions about workplace conditions, employment decisions, work performance, or the creation of a hostile or offensive environment.
These categories can overlap.
For example, an employee may experience conduct that potentially qualifies as sexual assault while also being subjected to unlawful workplace harassment. The fact that an incident could be considered harassment does not necessarily mean it cannot also involve criminal conduct.
Harassment Does Not Require Physical Contact
Another common misconception is that workplace sexual harassment only occurs when someone touches another employee. That is not the case.
Harassment can involve verbal conduct, including repeated unwanted sexual comments or propositions. It may also involve other unwelcome conduct that affects an employee's working environment.
The EEOC explains that conduct generally must be sufficiently severe or frequent to become unlawful harassment, although an especially serious incident may be enough on its own. Context matters.
An employee may also continue working despite harassment. Someone might need the income, fear losing their job, worry about retaliation, or simply feel uncertain about how to respond. Continuing to report to work does not automatically mean the conduct was welcome.
When a Supervisor Is Involved
Workplace sexual misconduct can become especially complicated when the person involved is a supervisor or another individual with authority.
Supervisors can influence schedules, assignments, evaluations, promotions, compensation, and other aspects of an employee's working conditions. An employee may therefore feel unable to safely reject unwanted conduct or report it.
The EEOC recognizes that workplace harassment can be committed by supervisors, coworkers, and even non-employees such as customers or clients.
If a supervisor is involved, it can be important to document not only the underlying incident but also what happened afterward. Changes to work assignments, schedules, evaluations, compensation, or treatment by management may become relevant when evaluating potential claims.
Sexual Misconduct Can Happen Outside the Office
Workplace protections are not necessarily limited to incidents that occur inside an employer's physical office.
Sexual misconduct can occur during business trips, conferences, company parties, dinners, training sessions, or other employment-related activities. Whether a particular incident falls within workplace harassment laws depends on the circumstances and its connection to employment.
Similarly, if conduct meets the definition of sexual assault under Texas law, the location does not automatically change its legal character. An assault occurring during a business trip or company event may still constitute a criminal offense.
What to Do After Workplace Sexual Misconduct
After experiencing sexual assault or harassment, a person may be unsure about what to do next. There is no universal response, particularly when the person responsible is a supervisor or someone with influence over the employee's job.
When it is safe to do so, preserving evidence can be important. Keep relevant emails, text messages, workplace communications, photographs, or other records. It can also help to write down what happened, when and where it occurred, who was involved, and whether anyone witnessed it or learned about it afterward.
Medical care may be appropriate if the incident caused physical or emotional injuries.
Reporting the conduct to an employer may also be an option. Many businesses have internal procedures for reporting workplace misconduct. However, an internal complaint is not necessarily the only legal avenue available.
Depending on the circumstances, an individual may have employment-related claims, personal injury claims, or other legal remedies to consider.
Deadlines are another important consideration. Different types of claims can have different statutes of limitation and administrative filing requirements. Texas law, for example, provides a five-year limitations period for certain personal injury claims arising from conduct that violates the state's sexual assault provisions. Other claims may have substantially different deadlines.
Because missing a deadline can affect a person's legal rights, it is generally better to seek legal advice sooner rather than later.
A Workplace Assault Can Cause Lasting Harm
The consequences of workplace sexual misconduct can extend beyond the immediate incident. A person may face medical expenses, lost income, emotional distress, difficulty continuing to work, or other damages.
A criminal prosecution and a civil lawsuit are also separate matters. Prosecutors determine whether criminal charges should be pursued, while a civil attorney can evaluate whether the injured person may be entitled to compensation.
Employer liability can be particularly fact-specific. The potential responsibility of a company may depend on who committed the misconduct, the person's relationship with the employer, what management knew or should have known, and how the employer responded.
For that reason, someone who has experienced sexual misconduct at work should not assume that an incident has no civil legal implications simply because the employer describes it as a workplace matter.
Understanding Your Legal Options
Sexual assault and sexual harassment can overlap, but they are not the same legal concept. Sexual assault involves specific criminal conduct defined by Texas law. Sexual harassment concerns unwelcome sexual conduct connected to employment and its effect on working conditions or employment decisions.
The same incident may raise questions under both areas of law.
If you experienced sexual assault or other sexual misconduct connected to your workplace, you do not have to determine the legal classification by yourself. The circumstances, evidence, injuries, employment relationship, and actions taken by the employer can all affect what claims may be available.
Chelsie King Garza represents injured clients in Texas and handles personal injury matters throughout Houston and the state. If workplace sexual misconduct has caused you harm, speaking with an experienced Texas personal injury attorney can help you understand your potential civil claims and the steps available to protect your rights.
