I had a great time speaking to the Manor Chamber of Commerce last week on sexual harassment. One of the members asked a good question, which is: do the laws governing sexual harassment apply to volunteers?

Generally, the answer is no. Title VII and the Texas Commission on Human Rights Act (TCHRA), the federal and state laws governing sexual harassment by Texas employers, apply only where an employment relationship exists. A volunteer is generally not an employee unless he or she receives pay or other benefits.

The Sixth Court of Appeals recently held that a volunteer firefighter and administrative assistant could be considered an employee and therefore could sue for sexual harassment under Title VII because, although she did not receive compensation for her work, she received worker’s compensation coverage, insurance coverage, gift cards, travel reimbursement, personal use of the fire department’s facilities and assets, training, and access to an emergency fund. Bryson v. Middlefield Fire Dep’t, Inc., 656 F.3d 348, 351 (6th  Cir. 2011).

Bottom line? Though volunteers generally are not covered by Title VII and TCHRA, if the volunteer receives the benefits of an employee, she may be allowed to sue for sexual harassment, even if she is not paid for her work. Employers may therefore want to consider the extent to which they provide employee benefits to volunteers. Of course, the best prevention against sexual harassment is the golden rule: treat others the way you want to be treated and don’t harass.