The San Antonio Fourth Court of Appeals recognized same sex harassment in certain limited situations. See my prior post discussing the decision in Clark v. Alamo Heights Independent School District, No. 04-14-00746 (Tex.App. San Antonio 10/21/2015) here. The seminal case for same sex harassment is the U.S. Supreme Court decision in Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75 (1998). In the Oncale case, the court made it clear that there case was really about gender stereotyping, not harassment based on sexual orientation.
The Texas Supreme Court has accepted an appeal regarding the Clark case. We will see if it threads the needle of harassment based on sex stereotypes, instead of harassment based on sexual orientation. The Clark case is based on a plea to jurisdiction. So, we assume the Texas Supreme Court will focus on the essential elements of such a case.