Can You Sue an Individual Manager or Coworker for Sexual Harassment in Texas?

Historically, federal employment laws like 42 U.S.C. § 2000e only allowed victims to sue the company itself, leaving the actual abuser shielded by the corporate veil. This often meant that an abusive manager could harass an employee, and only the company would pay the price. However, the legal environment in Texas has fundamentally changed. The state now allows victims to sue individual supervisors, HR representatives, and business owners directly for their role in sexual harassment. Whether you are working in a corporate high-rise in Dallas or a manufacturing plant in Houston, you have the right to seek justice against the specific individuals who harmed you. To explore your options, you can connect with a qualified attorney through our US Lawyer Directory.

Step-by-Step Process in Texas for Suing Individuals

Pursuing an individual for sexual harassment requires a strategic legal approach. You must prove not only that the harassment occurred, but that the individual being sued had a level of authority or direct involvement that meets the state's legal criteria.

Step 1: Identifying Who Qualifies for Personal Liability

The cornerstone of this new legal right is found in Tex. Lab. Code § 21.141(1), which redefines an "employer" to include any person who acts directly in the interests of an employer in relation to an employee. This means the law specifically targets those with supervisory authority. If a coworker with absolutely no authority over you makes an inappropriate comment, you typically sue the company for allowing a hostile environment. But if a manager or someone acting on behalf of the company harasses you or ignores the harassment, they can be sued personally.

Step 2: Suing a Direct Line Manager or Supervisor

Your direct supervisor is the most common target for individual liability. If your manager demands sexual favors in exchange for a promotion or threatens to fire you if you refuse, this is known as quid pro quo harassment. Because the manager is acting directly in the interest of the company by wielding hiring and firing power, they fall perfectly under the expanded Texas law. You can name them personally in your lawsuit alongside the company.

Step 3: Holding HR Personnel Personally Liable

One of the most powerful aspects of Texas law is the ability to hold Human Resources accountable. If you report severe sexual harassment to an HR director, and that director intentionally buries the complaint, shreds evidence, or actively retaliates against you to protect a high-performing abuser, they are acting directly in the employer's interest. A skilled lawyer can argue that the HR representative's failure to take immediate and appropriate corrective action makes them personally liable under the Texas Labor Code.

Step 4: Taking Action Against a C-Suite Executive

C-suite executives (CEOs, CFOs, COOs) wield immense power within a company. If an executive engages in harassment, piercing the corporate veil is straightforward because they are the ultimate representatives of the business. In Texas courts, cases involving executive misconduct are heavily scrutinized. Precedents like B.C. v. Steak N Shake Operations, Inc., 512 S.W.3d 276 (TX Supreme Court 2017) highlight the strict duty of care owed to employees when individuals in positions of supreme authority create dangerous environments.

Step 5: Filing the Administrative Charge

Before dragging an individual manager into a local court like the Dallas County District Court, Dallas, you must exhaust your administrative remedies. You need to file a formal complaint using Form 5, FED, Equal Employment Opportunity Commission, Charge of Discrimination at a regional office, such as the Texas Workforce Commission, Houston or the Texas Workforce Commission, Austin. It is critical that you explicitly name the individual manager or HR representative as a respondent on this form. Failing to name them at the agency level can prevent you from suing them personally later.

How Much Does it Cost in Texas?

Pursuing an individual requires dedicated legal strategy, but the financial structure remains similar to suing a corporation. Most Texas employment lawyers work on a contingency fee basis, meaning they take a percentage of your final settlement. If you successfully sue a manager personally, their personal assets (bank accounts, non-homestead properties, investments) may be targeted to pay the judgment. However, if the manager is broke, your attorney will likely focus primarily on the corporate entity to ensure you can actually collect the compensation you are awarded.

How Long Does the Process Take?

You have exactly 300 days from the date the harassment occurred to file your charge with the state agency naming the individual. The agency investigation typically lasts up to 180 days. If you are granted a Right to Sue, filing a lawsuit against an individual in Texas can take 12 to 24 months to reach a jury trial. Individual defendants often settle faster than large corporations because they fear personal bankruptcy and public exposure.

Frequently Asked Questions (FAQ)