Your Rights

Freedom from harassment In the Workplace

Sexual harassment, including being subjected to unwelcome and offensive comments, advances, or physical contact, violates a person’s dignity and creates an intimidating, hostile, degrading, or humiliating environment for the employee involved. Federal and state employment laws protect employees from sexual harassment as well as harassment based on other protected characteristics like race, color, national origin, age, and disability.

What is unlawful workplace harassment?

Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, age (over 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where (1) enduring the offensive conduct becomes a condition of continued employment, or (2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

What types of conduct can constitute unlawful harassment?

Offensive conduct that could create unlawful harassment may include offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidating behavior, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with a person’s work performance.

What is the law on workplace Harassment?

Title VII of the Civil Rights Act of 1964: Prohibits harassment on the basis of race, color, religion, national origin or sex.

The Age Discrimination in Employment Act of 1967: Prohibits harassment against persons who are 40 or older on the basis of their age.

The Americans with Disabilities Act of 1990:  Prohibits harassment based on a person’s disability (a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment).

The Texas Commission on Human Rights Act: Prohibits harassment on the basis of race, color, disability, religion, sex, national origin, or age (40 and older).

Additional Resources

U.S. Equal Employment Opportunity Commission

Texas Workforce Commission

Examples of Potential Harassment

sexual harassment

Your co-workers constantly engage in inappropriate behavior of a sexual nature, including offensive jokes, sexual advances and unwanted physical contact. Some of them make derisive or demeaning comments about women. These conditions are making it difficult to do your job and your employer isn’t doing anything to resolve the situation.

racial harassment

You are experiencing unwelcome comments or demeaning behavior related to your race, color, or national origin. It started as crude attempts at humor but has escalated in frequency and severity. It includes derogatory jokes, slurs, insults, and expressions of disgust and intolerance toward.  They mock your accent, make threats or display discriminatory symbols. You’ve reported these issues to your supervisor, but things have only gotten worse.

Harassment related to religious beliefs 

Your co-workers initiate unwanted conversations or make demeaning comments about your religion. They argue about religion and attempt to change your views.  Things have escalated to frequent comments, jokes, and insensitive comments about your religion to the point you feel very uncomfortable at work. You’ve complained to human resources and, instead of helping they told you to tough it out.

sexual orientation harassment

Your supervisor makes negative comments about your sexual orientation and uses derogatory language, homophobic, and disparaging remarks.  You’ve reported it to human resources, but your supervisor’s conduct has only gotten worse.   

Ageism in the workplace

You have been at your job for many years, but your seniority is not a source of respect.  Instead, you are belittled by your co-workers and younger supervisor.  Your work contributions and input are ignored.  You hear age-related jokes.  You feel isolated from the team and it is affecting your performance.