Many people are surprised to learn that Texas law allows a civil assault claim for offensive touching, even when no physical injury occurs.
Civil assault is not limited to extreme or violent conduct. Under Texas law, it can include intentional, offensive, or unwanted physical contact—particularly contact involving intimate body areas. In more serious cases, it can also include acts that rise to the level of sexual assault.
Civil Assault vs. Sexual Harassment
When offensive touching occurs in the workplace, it may give rise to more than one legal claim.
In addition to a claim for sexual harassment, the individual who committed the conduct—whether a co-worker or supervisor—may also be personally liable for civil assault. Sexual harassment and civil assault are separate legal claims, and in appropriate cases, both may be pursued.
This distinction is important because civil assault claims are not governed by the same statutory framework as employment discrimination claims.
Damage Caps and Why Civil Assault Matters
Claims brought under federal law (Title VII) or under state discrimination statutes (such as Chapter 21 of the Texas Labor Code) are subject to statutory caps on recoverable damages, which limit the amount a plaintiff may recover for emotional distress and/or punitive damages based on the number of employees an employer has nationwide.
By contrast, a civil assault claim is not subject to those same statutory damage caps. As a result, in appropriate cases, a civil assault claim may allow for broader recovery, depending on the facts, severity of the conduct, the harasser involved, and the harm suffered.
This is one reason why civil assault claims can be a critical component of workplace cases involving offensive touching or physical misconduct.
Employer Responsibility for Employee Assault
In certain circumstances, an employer may also be legally responsible for an assault committed by one of its employees.
Employer liability can arise depending on factors such as:
- Whether the conduct occurred within the scope of employment
- Whether the employer knew or should have known about prior misconduct
- Whether the employer failed to take appropriate action after complaints were made
Each case is fact-specific, which is why early legal evaluation by an experienced employment law attorney is important.
Reporting the Conduct
Any unwanted or offensive physical contact in the workplace should be reported promptly to human resources or a supervisor, preferably in writing.
Depending on the severity of the conduct, it may also be appropriate to report the incident to law enforcement. Civil claims and criminal investigations are separate processes, and one does not prevent the other.
Protecting Your Legal Rights
If you or a loved one has experienced offensive touching or assault in the workplace, it is important to consult with an experienced employment law attorney to understand your rights and options.
These situations can be deeply personal and emotionally difficult. It is common for individuals to feel isolated, embarrassed, or unsure of what to do next. It is important to know that you are not alone, and that the law provides tools to hold wrongdoers accountable.
