Texas Workplace Harassment Laws: Sexual Harassment 1-Employee Rule

Workplace sexual harassment is an unlawful employment practice in Texas under Texas Labor Code § 21.142, and for that claim the law treats any person who employs one or more employees as an employer (§ 21.141(1)). Harassment because of race, color, disability, religion, national origin or age has no separate clause in Chapter 21; it falls under the general ban on discrimination in the "terms, conditions, or privileges of employment" in § 21.051, which applies to private employers with 15 or more employees (§ 21.002(8)). Discrimination in the terms, conditions or privileges of employment on the basis of genetic information is a separate unlawful employment practice under § 21.402.

Both rules sit in Chapter 21 of the Labor Code, often called the Texas Commission on Human Rights Act, and the Texas Workforce Commission's Civil Rights Division takes complaints. The split between a one-employee rule for sexual harassment and a 15-employee rule for other harassment is the first thing to check in any Texas situation; for other states, see workplace harassment laws by state.

Information last verified on 2026-10-20. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Texas state law on workplace harassment by employers, supervisors and coworkers under Texas Labor Code Chapter 21, chiefly §§ 21.002, 21.051, 21.055, 21.1065, 21.141-21.142, 21.202 and 21.010. It does not cover wrongful firing or the full complaint and lawsuit procedure (see Texas wrongful termination), damages estimates, criminal harassment or stalking, harassment outside employment, or federal-employee procedure.

Texas harassment rules at a glance

What Texas law prohibits

Texas handles workplace harassment on two tracks. Sexual harassment has its own subchapter, Subchapter C-1 (§§ 21.141-21.142), which the Legislature added in 2021. Harassment on every other protected trait runs through the general discrimination section.

Sexual harassment: §§ 21.141 and 21.142

Section 21.141(2) defines sexual harassment as "an unwelcome sexual advance, a request for a sexual favor, or any other verbal or physical conduct of a sexual nature" when one of several listed conditions is met. Two of those conditions describe the effect of the conduct on the job:

"(C) the advance, request, or conduct has the purpose or effect of unreasonably interfering with an individual's work performance; or (D) the advance, request, or conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment." (Tex. Lab. Code § 21.141(2))

Section 21.142 then states when the employer is responsible:

"An employer commits an unlawful employment practice if sexual harassment of an employee occurs and the employer or the employer's agents or supervisors: (1) know or should have known that the conduct constituting sexual harassment was occurring; and (2) fail to take immediate and appropriate corrective action." (Tex. Lab. Code § 21.142)

Both elements are joined by "and": the statute asks about knowledge and about the response. The statute's text does not set a separate frequency or severity threshold beyond the "unreasonably interfering" and "intimidating, hostile, or offensive working environment" language in the definition; how courts measure that conduct is a matter of case law that this page does not summarize. The Texas Workforce Commission's Civil Rights Division, which enforces Chapter 21, describes the standard this way: for behavior to rise to the level of illegal harassment, "it must be unwelcome or unwanted. It must also be severe (meaning very serious) or pervasive (meaning that it happened frequently)." That wording comes from agency guidance, not from the statute.

Harassment on other protected traits: § 21.051

For race, color, disability, religion, sex, national origin and age, Chapter 21 has no clause that uses the word harassment. Every provision of the chapter that mentions harassment concerns sexual harassment: the state agency training section (§ 21.010(b)), the unpaid intern section (§ 21.1065), Subchapter C-1 and the complaint-timing rules in §§ 21.201(g) and 21.202(a-1). A harassment claim on those other grounds rests on § 21.051, which makes it unlawful for an employer, because of a listed trait, to discriminate "in connection with compensation or the terms, conditions, or privileges of employment." Genetic information has its own section, § 21.402, which uses the same "terms, conditions, or privileges of employment" language (see below).

Which Texas employers are covered

The answer depends on the kind of harassment.

• Sexual harassment: for Subchapter C-1, "employer" means a person who "(A) employs one or more employees; or (B) acts directly in the interests of an employer in relation to an employee" (§ 21.141(1)). A business with a single employee is inside that definition.
• Harassment on other traits: the general definition in § 21.002(8) applies. It covers a person "engaged in an industry affecting commerce" with "15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year," an agent of that person, an individual elected to public office in Texas or a political subdivision, and "a county, municipality, state agency, or state instrumentality, regardless of the number of individuals employed."

So an employee of a five-person private business is covered by the sexual harassment subchapter but falls below the 15-employee line for a race- or religion-based harassment claim under Chapter 21.

Protected traits under Chapter 21

Section 21.051 lists race, color, disability, religion, sex, national origin and age. Three definitions shape that list:

• Pregnancy: a reference to sex discrimination "includes discrimination because of or on the basis of pregnancy, childbirth, or a related medical condition" (§ 21.106(a)).

• Age: the chapter's age provisions "apply only to discrimination against an individual 40 years of age or older" (§ 21.101).

• Hair texture and protective hairstyles: since September 1, 2023, a reference to race in the chapter "includes discrimination because of or on the basis of an employee's hair texture or protective hairstyle commonly or historically associated with race" (§ 21.1095(b), added by H.B. 567).

Genetic information is protected in a separate subchapter. Section 21.402(a) makes it an unlawful employment practice for an employer to discriminate against an individual "with respect to compensation or the terms, conditions, or privileges of employment" on the basis of genetic information concerning the individual or because of the individual's refusal to submit to a genetic test.

Unpaid interns

Section 21.1065(b), in force since September 1, 2015, extends the sexual harassment rule to unpaid interns. An employer commits an unlawful employment practice if sexual harassment of an unpaid intern occurs and the employer or its agents or supervisors knew or should have known and failed to take immediate and appropriate corrective action. The section addresses sexual harassment of interns; it does not extend the other harassment grounds to them.

Employer responsibility and the individual harasser

Under § 21.142, the employer's responsibility for sexual harassment turns on what the employer, its agents or its supervisors knew or should have known, and on whether the employer took immediate and appropriate corrective action. The section does not draw a separate rule for harassment by a supervisor, a coworker or anyone else.

Whether an individual harasser can be sued personally under Chapter 21 is not answered in terms by the statute. The sexual harassment subchapter's definition of employer includes a person who "acts directly in the interests of an employer in relation to an employee" (§ 21.141(1)(B)), but the text does not say whether that reaches an individual supervisor. The chapter's aiding-and-abetting section, § 21.056, makes it an unlawful practice for "an employer, labor union, or employment agency" to aid, abet, incite or coerce a person to engage in a discriminatory practice; it names those entities, not individuals.

Retaliation for complaining

Section 21.055 makes it an unlawful employment practice for an employer, labor union or employment agency to retaliate or discriminate against a person who "(1) opposes a discriminatory practice; (2) makes or files a charge; (3) files a complaint; or (4) testifies, assists, or participates in any manner in an investigation, proceeding, or hearing." Firings after a complaint, and how they fit with the state's default employment rule, are covered on the Texas at-will employment and Texas wrongful termination pages.

Deadlines and where to file

The Texas Workforce Commission's Civil Rights Division takes complaints under Chapter 21. A complaint must be "in writing and made under oath" (§ 21.201(b)).

• Sexual harassment: "A complaint under this subchapter alleging sexual harassment must be filed not later than the 300th day after the date the alleged sexual harassment occurred" (§ 21.202(a-1)). The 300-day rule took effect September 1, 2021 (H.B. 21).
• Other harassment and discrimination: the general deadline is 180 days (§ 21.202(a)).
• Late filings: "The commission shall dismiss an untimely complaint" (§ 21.202(b)).
• Going to court: after a notice of the right to file a civil action, the complainant may sue "within 60 days after the date a notice of the right to file a civil action is received" (§ 21.254), and no suit may be brought "later than the second anniversary of the date the complaint relating to the action is filed" (§ 21.256).
• Federal charge: the EEOC states that its "180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis."

The steps between filing and suit, including right-to-sue requests and the election-of-remedies rule in § 21.211, are on the Texas wrongful termination page. Remedies and the damages caps in § 21.2585 are covered there too, and the Texas employment discrimination settlement calculator is an estimating tool, not a prediction of any outcome.

Training and written policies

Chapter 21's training mandate is written for state government. Section 21.010(a) requires each state agency to provide its employees "an employment discrimination training program," and § 21.010(c) requires each state agency employee to attend it "not later than the 30th day after the date the employee is hired by the agency" and to attend "supplemental training every two years." Section 21.452 separately requires each state agency to "develop and implement personnel policies and procedures that comply with this chapter."

Chapter 21 imposes no training or written-policy requirement on private employers.

NDAs, confidentiality and arbitration

Chapter 21 contains no provision limiting nondisclosure, confidentiality or arbitration terms in harassment agreements or settlements; the confidentiality rules it does contain cover commission records and genetic information. Federal law adds limits for sexual harassment disputes: the Speak Out Act makes nondisclosure and nondisparagement clauses agreed to before a sexual harassment dispute arises judicially unenforceable where the conduct is alleged to violate federal, tribal or state law, and the Ending Forced Arbitration Act lets the person alleging sexual harassment elect court over a predispute arbitration agreement, both explained on the workplace harassment laws hub.

Is workplace bullying illegal in Texas?

Chapter 21 reaches harassment because of the traits it lists. It contains no provision on general workplace bullying that is not tied to one of those traits, such as rudeness or hostility aimed at an employee for reasons unrelated to sex, race, religion, disability, national origin, color, age or genetic information.

Documenting harassment and workplace monitoring

The rules on recording a conversation at work, including a conversation with a harasser, are on the Texas workplace recording laws page. Employer monitoring of email, devices and workspaces is covered on the Texas employee monitoring laws page.

Recent changes to Texas harassment law

• 2015: H.B. 1151 added § 21.1065, extending sexual harassment protection to unpaid interns, effective September 1, 2015.
• 2021: S.B. 45 (Acts 2021, 87th Leg., ch. 172) added Subchapter C-1, §§ 21.141-21.142, with the one-employee definition of employer for sexual harassment, effective September 1, 2021.
• 2021: H.B. 21 (Acts 2021, 87th Leg., ch. 443) added the 300-day complaint deadline for sexual harassment in § 21.202(a-1), effective September 1, 2021.
• 2023: H.B. 567 added § 21.1095 on hair texture and protective hairstyles, effective September 1, 2023.

Related pages

• Workplace harassment laws by state
• Texas wrongful termination
• Texas at-will employment laws
• Texas employee monitoring laws
• Texas workplace recording laws

This article provides general legal information about Texas workplace harassment law under Texas Labor Code Chapter 21 as of 2026-10-20. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Texas or the Texas Workforce Commission's Civil Rights Division.

Last updated: 2026-10-20.

Frequently Asked Questions

Is workplace sexual harassment illegal in Texas?

Yes. Under Texas Labor Code § 21.142, an employer commits an unlawful employment practice if sexual harassment of an employee occurs and the employer or its agents or supervisors knew or should have known of it and failed to take immediate and appropriate corrective action.

Does Texas harassment law apply to small employers?

For sexual harassment, yes: § 21.141(1) defines an employer as a person who employs one or more employees or acts directly in an employer's interests. Harassment on other protected traits falls under § 21.051 (or § 21.402 for genetic information), which applies to private employers with 15 or more employees in each of 20 or more calendar weeks (§ 21.002(8)).

How long do you have to file a sexual harassment complaint in Texas?

A complaint to the Texas Workforce Commission alleging sexual harassment must be filed not later than the 300th day after the alleged harassment occurred (§ 21.202(a-1)). The general deadline for other complaints is 180 days, and untimely complaints are dismissed.

What counts as sexual harassment under Texas law?

Section 21.141(2) defines it as an unwelcome sexual advance, a request for a sexual favor, or other verbal or physical conduct of a sexual nature under listed conditions, including when the conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.

Are unpaid interns protected from sexual harassment in Texas?

Yes. Section 21.1065(b) makes it an unlawful employment practice when sexual harassment of an unpaid intern occurs and the employer or its agents or supervisors knew or should have known and failed to take immediate and appropriate corrective action.

Does Texas require sexual harassment training for private employers?

Chapter 21 does not. Its training section, § 21.010, requires each state agency to provide an employment discrimination training program, with attendance within 30 days of hire and supplemental training every two years.

Is it illegal to retaliate against an employee for reporting harassment in Texas?

Section 21.055 makes it an unlawful employment practice for an employer to retaliate or discriminate against a person who opposes a discriminatory practice, makes or files a charge, files a complaint, or participates in an investigation, proceeding, or hearing under Chapter 21.

Is workplace bullying illegal in Texas?

Chapter 21 reaches harassment tied to the traits it lists, such as sex, race and religion. It contains no provision on general workplace bullying that is unconnected to those traits.