In recent times, the boundaries of the workplace may extend far beyond a physical office or a standard nine-to-five schedule. You could be one of the thousands of Americans who carry your workplace in your pocket. Additionally, you may frequently connect to colleagues through various online platforms.
While this connectivity can make some things easier for you, it can also lead to new forms of professional misconduct. For example, harassment does not just happen in the office. You might receive hostile messages on social media, threatening texts after hours or inappropriate emails from coworkers. However, if you’re experiencing online harassment from colleagues in Texas, you need to understand your legal protections.
Legal protections in Texas
While Texas is an at-will employment state, you still have protections from workplace harassment under both state and federal law. Federal and state laws, including Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA), protect you from harassment targeting race, sex, age and other protected characteristics. Furthermore, the Texas Labor Code provides additional protections against discrimination and harassment.
You have these protections both in-person and offline. For online harassment to be legally actionable, it must be harsh enough to make a hostile work environment. Harassment is not just an isolated incident. It can also appear as a pattern of behavior that affects your ability to perform your job.
Civil protections and criminal charges
In Texas, online harassment can escalate into a criminal offense. Under Texas Penal Code § 42.07, your coworker commits an offense if they act with the intent to harass you. This includes electronic communications such as texts, emails or social media posts.
If a coworker tags you in offensive posts or sends threatening messages after hours, they could face a Class B misdemeanor. This law recognizes that digital “cyberbullying” is just as damaging as in-person harassment.
The passage of Senate Bill 45 and House Bill 21 in Texas further expanded protections against sexual harassment. Texas law now offers some of the most robust protections in the country for digital sexual harassment. Notably, these laws apply to all employers and allow for individual supervisors or coworkers to face personal liability.
Seeking legal help
If your employer fails to address your complaints or retaliates against you for reporting harassment, you may need legal assistance. Legal professionals can help you file a complaint with the Texas Workforce Commission or the Equal Employment Opportunity Commission.
Online harassment is serious, and Texas law recognizes your right to a workplace free from digital abuse. You have many protections that can help you demand accountability and justice.
