Verbal and psychological harassment can create a toxic and hostile work environment that can impact your well-being and career. In Texas, the law does provide options for those who are experiencing such treatment at work. If you are facing verbal or psychological harassment at work, it’s crucial to understand your rights and the actions you can take.
What Is Verbal and Psychological Harassment? 
Verbal harassment in the workplace refers to the use of language to belittle, insult, or demean an individual. This could include offensive comments, derogatory remarks, name-calling, or threats that undermine an individual’s dignity and self-esteem. On the other hand, psychological harassment, though it may not always involve direct verbal abuse, is just as damaging. This type of harassment involves actions or behaviors that cause emotional distress, manipulation, intimidation, or bullying.
In Texas, workplace harassment laws aim to protect employees from any form of harassment that affects their ability to work in a comfortable and productive environment. However, the challenge with verbal and psychological harassment is proving that the behavior was severe or pervasive enough to qualify as illegal under the law.
Understanding the Legal Framework for Harassment Claims in Texas
Texas law prohibits various forms of harassment, including verbal and psychological abuse. The primary legal protections for workers who face harassment are found under both state and federal law. The Texas Labor Code outlines that employers are responsible for maintaining a workplace free from discrimination and harassment. This includes verbal abuse or actions that lead to psychological harm.
Enrique Chavez
Texas Trial Attorney
Protecting Your Rights
Federal laws, including Title VII of the Civil Rights Act of 1964, further extend protection to employees against harassment that involves discrimination based on race, sex, religion, national origin, or color. However, harassment can also be based on other factors, such as age, disability, or retaliation. Understanding these laws is important when considering legal action.
Can You Sue for Verbal or Psychological Harassment?
Yes, in some cases, you can sue for verbal or psychological harassment at work in Texas. The critical factor is whether the harassment creates a hostile work environment or results in adverse consequences, such as job termination, demotion, or the inability to advance in your career. If the harassment is severe enough, you may have grounds for a lawsuit.
Texas recognizes the legal concept of a hostile work environment, which is when harassment interferes with an employee’s ability to perform their duties effectively. In some instances, harassment may be grounds for discrimination claims if it is based on factors protected by law, such as race, sex, or age.
If the harassment is not based on discrimination, Texas law may still allow you to pursue a claim for emotional distress or other damages caused by the harassment. An experienced employment law attorney can help determine whether your specific situation meets the legal requirements for filing a lawsuit.
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Steps to Take If You Are Harassed at Work
If you are experiencing verbal or psychological harassment at work, the first step is to take action. This process may involve several steps, each of which can strengthen your case if you decide to pursue legal action.
Document Every Incident
The most critical step you can take is documenting each incident of harassment. This includes writing down the exact words or actions involved, the date and time, and the people who witnessed the behavior. Keep a detailed log of any conversations or interactions with supervisors or HR about the harassment. The more thorough your documentation, the stronger your case will be if you choose to pursue legal action.
Report the Harassment to Your Employer
Texas law requires that you report any harassment you are experiencing to your employer. Most employers have an internal process for handling complaints about workplace issues, including harassment. Reporting the issue to your supervisor or the HR department is essential, as it demonstrates that you are actively seeking resolution. If your employer fails to address the situation, this may strengthen your legal claim.
Seek Legal Advice From an Employment Lawyer
If the harassment continues despite your attempts to address it internally, it is important to consult with an attorney who specializes in employment law. A lawyer can help you understand your legal options, determine if your case qualifies for a lawsuit, and guide you through the process of filing a claim. An attorney can also help you navigate the complexities of filing a complaint with the Equal Employment Opportunity Commission (EEOC) if necessary.
File a Complaint with the EEOC
If the harassment involves discrimination based on a protected characteristic, you can file a complaint with the EEOC. The EEOC is a federal agency that investigates claims of discrimination and harassment in the workplace. You generally have 180 days from the date of the incident to file a claim with the EEOC, although this period may be extended under certain circumstances. The EEOC will investigate your complaint and may take action to resolve the situation.
The Importance of Acting Quickly
In Texas, you are required to act quickly when filing a harassment claim. There are time limits, known as statutes of limitations, that govern how long you have to take legal action. In general, you must file your complaint with the EEOC within 180 days from the date of the incident. For lawsuits, the statute of limitations is typically two years for personal injury or emotional distress claims. Waiting too long to take action can jeopardize your ability to seek justice.
What Damages Can You Recover for Verbal or Psychological Harassment?
If you successfully prove your case, you may be entitled to several types of damages. These damages are designed to compensate you for both the financial and emotional harm caused by the harassment.
Economic Damages
Economic damages refer to the financial losses you have suffered as a result of the harassment. This may include lost wages, benefits, or any other employment-related financial losses. If you had to leave your job or missed opportunities for advancement because of the harassment, you may be entitled to compensation for those losses as well.
Emotional Distress Damages
Verbal and psychological harassment can have long-lasting emotional effects. If the harassment has caused you significant emotional distress, you may be entitled to compensation for pain and suffering. This can include damages for anxiety, depression, loss of enjoyment of life, and other emotional harm caused by the abuse.
Punitive Damages
In some cases, if the harassment was particularly egregious or if the employer acted in bad faith, you may be entitled to punitive damages. Punitive damages are designed to punish the employer for their actions and serve as a deterrent to prevent future misconduct.
Attorney’s Fees
In some cases, if you are successful in your claim, the court may also award you attorney’s fees. This can help cover the costs associated with hiring a lawyer and pursuing legal action.
How Chavez Law Firm Can Help
At Chavez Law Firm, we are committed to helping employees in El Paso, Texas, who are facing verbal or psychological harassment at work. Our team of experienced employment law attorneys can guide you through the process, protect your rights, and fight for the compensation you deserve. Contact us today to schedule a free consultation and learn more about your legal options.
To learn more about this subject click here: How to Prove Emotional Distress in an Employment Discrimination Lawsuit
