When Does Sexual Harassment at Work Become a Crime?

Though sexual harassment in the workplace is illegal, it isn’t necessarily a serious crime.

But sometimes it is.

So when does sexual harassment at work constitute a crime?

Texas vs. federal sexual harassment laws

First, you should know about sexual harassment laws.

Under federal law, sexual harassment on the job is considered gender discrimination, which is prohibited by Title VII of the federal Civil Rights Act of 1964.

Under Texas law, sexual harassment at work is addressed by the state’s Texas Workforce Commission. It holds that sexual harassment “can be unwelcome advances, requests for sexual favors, or physical touching of a sexual nature.”

The TWC advises that if such behaviors unreasonably interfere with a person’s work performance or create an intimidating, hostile or offensive work environment, “then that may be sexual harassment.” Also, if the victim is subjected to an adverse employment action due to rejecting any of those behaviors, “that may be sexual harassment.”

However, “simple teasing, offhand comments or isolated incidents may not be considered sexual harassment,” the TWC says.

The TWC also advises that sexual harassment can be inflicted by a female or male, and it doesn’t have to involve members of the opposite sex. Also, the harasser can be a supervisor, a supervisor in another area, an agent of the employer, a co-worker or a non-employee.

Further, anyone in the workplace who is affected by the offensive conduct can be considered sexually harassed, even if the original harassment wasn’t directed at them. Also: “Unlawful sexual harassment may occur without economic injury to or discharge of the victim,” the TWC states.

Where do sexual harassment claims go?

In the Houston area or elsewhere in Texas, victims of sexual harassment in the workplace have a variety of options in reporting the offense.

First, they can file a claim with the Texas Workforce Commission’s Civil Rights Division (TWC-CRD) or with the federal Equal Employment Opportunity Commission (EEOC).

Those claims don’t involve criminal complaints. Indeed, sexual harassment is largely a civil complaint that is handled by civil lawsuits, by the government entities noted above or by an employer’s administrative hearings.

But sometimes sexual harassment extends into criminal territory, as would be the case with sexual assault or rape. Such sexual harassment clearly goes beyond workplace discrimination and is reported to the police or to other law enforcement authorities.

What sexual harassment at work is a crime?

Texas sexual harassment laws provide several forms of criminal charges which can apply in certain sistuations of sexual harassment. These include:

• Assault (Texas Penal Code Sec. 22.001). Touching a co-worker’s rear, rubbing their shoulders or making any other physical contact with the intent to offend may be considered a class C misdemeanor assault, which brings a fine of as much as $500 but no jail time. On the other hand, causing a co-worker pain by touching them is considered a class A misdemeanor assault, which can be punished by up to 1 year in county jail and a fine of as much as $4,000.
• Sexual assault (Texas Penal Code Sec. 22.011). An extreme case of sexual harassment may bring a charge of sexual assault. Examples would include penetrating the mouth, vagina or anus of a co-worker without their consent. That is a second degree felony sexual assault, which can bring punishment of 2 to 20 years in prison and a fine of up to $10,000.
• Criminal harassment (Texas Penal Code Sec. 42.07). Persistently texting or calling a co-worker or making explicit sexual advances with the intent to “harass, annoy, alarm, abuse, torment, or embarrass” could bring a charge of criminal harassment. That is a class B misdemeanor with punishment of as many as 6 months in jail and as much as a $2,000 fine.

More sexual harassment penalties

Persons convicted of criminal sexual harassment can also face such penalties as:

• Having to register as a sex offender
• Being legally unable to possess or own firearms
• Having difficulty finding a job which requires a background check of potential employees

Get a sexual harassment defense lawyer

As you can see, being accused of, or charged with, sexual harassment at work or elsewhere is a serious matter, and it merits a serious response. That means getting an experienced, skilled and knowledgeable sexual harassment defense lawyer to handle your case.

To do so, contact the Neal Davis Law Firm today. You will quickly get a legal review of your case, and then we can advise you on the best course of action and how to protect your legal rights.

Whether or not it involves the workplace, don’t risk prison time for sexual assault in Texas. Notify us today for a confidential review of your case at no charge to you.