Sex-Based Discrimination at Work
Sex discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex.
Discrimination against an individual because of gender identity or because of sexual orientation is discrimination because of sex in violation of Title VII. For more information about LGBT-related sex discrimination claims, see What You Should Know About EEOC and the Enforcement Protections for LGBT Workers.
It is unlawful to harass a person because of that person's sex. Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
If you believe you may have been discriminated against in employment due to your sex or subjected to sexual harassment, you may submit a discrimination complaint through the Texas Workforce Commission Civil Rights Division. To learn more about the complaint process, see How to Submit an Employment Discrimination Complaint.
Texas Labor Code Chapter 21 and Title VII of the Civil Rights Act protect employees from employment discrimination based on sex or sexual harassment. The law applies to private employers with 15 or more employees, and to all state and local governmental entities no matter how many employees they have.
Learn more about taking action about Sex-Based Discrimination at twc.state.tx.us.