Workplace Harassment Laws and Procedures in Texas

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Workplace harassment takes many forms, so defining the issue can be a challenge. Especially when different states have their own laws and statutes concerning the problem. However it is generally understood that workplace harassment is a form of employment discrimination. • LINKS: • ____________________________________________ • https://etactics.com/blog/hostile-wor... • __________________________________________ • Unwelcome behavior stemmed from this discrimination causes stress for the individuals involved as well as an overall toxic work environment for everyone. Any verbal or physical abuse which aims to threaten, intimidate, or coerce an employee can be considered harassment. • As I mentioned, each state has their own laws and procedures when it comes to workplace harassment. Let’s take a look at how Texas handles this issue and how to properly report it. • When it comes to the state level laws in Texas, the Texas Commission on Human Rights Act (TCHRA) prohibits workplace harassment. The Texas Labor Code Chapter 21 works with Title VII of the Civil Rights Act of 1964 to further protect employees from discrimination. • This protection applies to those who are a part of a company with at least 15 employees. There is also an anti-retaliation provision for participating in filing a complaint. • Local level laws can further prohibit employment discrimination. For example, local ordinances in San Antonio and Austin prohibit discrimination based on sexual orientation and gender identity. • If you feel you are facing discrimination at work, the Texas Workforce Commission Civil Rights Division’s programs provide a way for current and former employees to file a complaint. The Civil Rights Division conducts investigations by gathering information to determine the validity of the claim. • This division works in coordination with the Equal Employment Opportunity Commission (EEOC) to resolve workplace harassment issues. Let’s look at the steps to take when you file a workplace harassment report in Texas. • 1. Complaint Process: • To file a complaint with the Civil Rights Division, you must follow these jurisdictional requirements: • Physical address of your place of work must be within the state of Texas. • The company must have at least 15 employees. • Date of discrimination must have taken place within 180 days from the date you are submitting the complaint. The 180 day deadline extends to 300 days if a state or local agency carries out a law which prohibits employment discrimination on the same basis. • The discrimination allegation must include and go over one or more of the following types: • 1. Race. • 2. Color. • 3. National Origin. • 4. Religion. • 5. Sex. • 6. Age. • 7. Disability. • The complaint must identify employment harm. This can look like a demotion, denial of promotion, termination, etc. • Once you submit your report to the Civil Rights Division, it is automatically with EEOC. So you don’t have to submit to both separately! • 2. Investigation Process: • When the Civil Rights Division receives your Employment Discrimination Complaint Form, they will determine whether it meets the requirements. If the claim doesn’t meet requirements contained in Texas Labor Code Chapter 21 and/or Texas Administrative Code, Chapter 819, you will receive a formal letter of dismissal. • If the complaint does meet the set requirements, the office will send you a form known as the charge of discrimination. The form requires your signature upon review. Once the Civil Rights Division receives the signed form, they will process the complaint. • 3. Mediation (Optional): • This step is optional, but after the processing of a signed form, you and the respondent are open to participate in mediation. The Civil Rights Division regulates this mediation which allows all parties a chance to resolve the dispute in a manner favorable for everyone. • 4. Investigation: • If either party declines the invitation for mediation, the investigation begins. An investigator will conduct interviews with all parties involved as well as any witnesses. The investigator is also tasked to review relevant documents, policies and procedures, and refer to relevant State laws. Based on the evidence accumulated, the investigator will then determine if there is sufficient proof of discrimination. • 5. Additional Complaint Submission Methods: • In addition to the Employment Discrimination Complaint Form, you can also submit a complaint via email, postal mail, or in person. However, keep in mind that the Civil Rights Division is unable to accept employment discrimination reports over the phone. • ► Reach out to Etactics @ https://www.etactics.com • ►Subscribe: https://rb.gy/pso1fq to learn more tips and tricks in healthcare, health IT, and cybersecurity. • ►Find us on LinkedIn: / etactics-inc • ►Find us on Facebook: / • #WorkplaceHarassment #WorkplaceHarassmentTexas

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