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Workplace harassment — Texas

Harassment is a form of discrimination. Harassment is unwelcome conduct based on a protected class that creates a hostile work environment or interferes with an employee’s ability to work. Harassment is unlawful and can be based on any of the following protected characteristics:

  • race
  • color
  • national origin
  • religion
  • sex
  • pregnancy
  • age
  • criminal history
  • military status
  • genetic predisposition
  • disability
  • sexual orientation
  • gender identity or expression.

Sexual harassment

The EEOC defines sexual harassment as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

  • submission to such conduct is made either implicitly or explicitly a term or condition of employment
  • submission to or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual
  • such conduct has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile or offensive working environment.

This definition reflects the Supreme Court’s analysis and is followed by lower courts. Conceivably, an...

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