A 2014 study of sex-based workplace harassment charges found that Texas had the highest rate of complaints filed with the Equal Employment Opportunity Commission (EEOC) compared to every other state. Roughly, 2,600 charges were filed.
The process of filing a sexual harassment complaint can go through one of two channels. The first is through a statewide agency – in Dallas and the rest of Texas, this would be the Texas Workplace Commission Civil Rights Division. On the federal level, complaints would go to the EEOC. Choosing between the two requires some knowledge of the specifics of state versus federal law; for example, federal laws only apply to employers with 15 or more employees.
Once either the EEOC or the TWC Civil Rights Division review your complaint, they will take steps to mediate an agreement or settlement between the harassed employee and the employer. Of course, some complaints will be met with resistance; in that case, the agency will pursue the claim to determine if an act of harassment occurred. It is at this time that the EEOC will alert the employer to the possibility of a lawsuit.
Every case is different. If you are suffering sexual harassment in the workplace, do what you can to log evidence. Documentation of harassing behavior could prove highly beneficial if your case reaches the courtroom.
Atkerson Law – Dallas Employment Attorney
Did You Know? Retaliation against employees who file a discrimination claim is prohibited by Chapter 21 of the Texas Labor Code.