Current Law Regarding Claims of Sexual Harassment
Texas Labor Code Chapter 21 and Title VII of the Civil Rights Act protect employees from employment discrimination based on sex or sexual harassment. With respect to private employers, both laws apply only where the employer has 15 or more employees, meaning employees of small businesses subject to sexual harassment have limited legal recourse.
Additionally, Texas law requires individuals complaining of discrimination, harassment, or retaliation to file a Charge of Discrimination within 180 days of the alleged conduct. Federal law has a similar requirement but a deadline of 300 days.
Additionally, Texas law requires individuals complaining of discrimination, harassment, or retaliation to file a Charge of Discrimination within 180 days of the alleged conduct. Federal law has a similar requirement but a deadline of 300 days.
The new House Bill 21 amends the Texas Labor Code to increase the 180-day charge filing period to 300 days, but only with respect to sexual harassment claims.
Texas Legislature Amends Current Law
On March 25, 2021, the Texas legislature passed two bills subsequently signed into law by Governor Greg Abbott that change these requirements and add additional liability for employers facing claims of sexual harassment.
Slated to go into effect on September 1, 2021, Senate Bill 45 amended the Texas Labor Code to add a new subchapter allowing claims of sexual harassment against employers with as few as one employee. It further provides liability for those who act “directly in the interests of an employer in relation to an employee,” which may impose liability on managers and supervisors.
Slated to go into effect on September 1, 2021, Senate Bill 45 amended the Texas Labor Code to add a new subchapter allowing claims of sexual harassment against employers with as few as one employee. It further provides liability for those who act “directly in the interests of an employer in relation to an employee,” which may impose liability on managers and supervisors.
The changes contained in these two bills will apply to conduct occurring on or after September 1, 2021, helping employees that bring claims of sexual harassment against managerial agents and small business employers.
The new law also requires employers to take “immediate” and appropriate corrective action where the employer knows or should have known of the sexual harassment, an apparent expansion of the previous requirement for “prompt” remedial action.
House Bill 21 amends the Texas Labor Code to increase the 180-day charge filing period to 300 days, but only with respect to sexual harassment claims. All other charges of discrimination, harassment, and retaliation under Texas law will still have the 180-day deadline.
House Bill 21 amends the Texas Labor Code to increase the 180-day charge filing period to 300 days, but only with respect to sexual harassment claims. All other charges of discrimination, harassment, and retaliation under Texas law will still have the 180-day deadline.
On March 25, 2021, the Texas legislature passed two bills subsequently signed into law by Governor Greg Abbott that change requirements and add additional liability for employers facing claims of sexual harassment.
Sexual Harassment Claims Going Forward
The changes contained in these two bills will apply to conduct occurring on or after September 1, 2021 and will certainly serve to benefit employees bringing claims of sexual harassment against managerial agents and small business employers.
What remains to be seen is what Texas courts will construe to be “immediate and appropriate” remedial action by the employer and the extent to which individual managers and supervisors can be held liable. Whether similar legislation will be passed in the near future to encompass other claims of discrimination or retaliation is also unclear.
What remains to be seen is what Texas courts will construe to be “immediate and appropriate” remedial action by the employer and the extent to which individual managers and supervisors can be held liable. Whether similar legislation will be passed in the near future to encompass other claims of discrimination or retaliation is also unclear.
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