Legal Question in Sexual Harassment in Texas

Main Question: Is it considered sexual harassment in Texas if boys, or girls for the matter, talk about private areas?

At school (I'm about to go into 10th grade), I understand that many are perverted, but I do not like when people ask "if the carpets match the drapes" or if I shave "down there". Others have talk about how I may have sex which is another thing I do not appreciate as I am abstinent and very religious. Being very religious makes me appreciate this less and I want to know what I could do about it if it occurs this year again. I have threatened before that I could file for sexual harassment but didn't know if it was fully true. If it is, could the you provide in your answer where it says this is? Thank you for your time!

Asked on 7/20/13, 6:56 pm

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

Under Title XI of the Civil Rights Act, it is a form of sex discrimination prohibited in education. However, sexual harassment has to be severe (usually unwelcomed sexual touching) or pervasive to become actionable under the law. An occasional comment from students probably is not going to reach the definition of pervasive under the law.

All school districts in Texas are required to enact an anti-harassment policy that encompasses sexual harassment. You should take advantage of these policies by complaining to a teacher, administrator, or counselor about the comments. The school can take action against the students.

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Answered on 8/01/13, 10:11 pm

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