Employee sexual harassment protection expanded in Texas

Aug 31, 2021
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Texas Legislature made amendments to their sexual harassment by employers guidelines under legislative changes (SB 45), these changes are to come in effect from September 1st onwards.

According to the previous Texas Labor Code rules, sexual harassment liability was applicable to only those employers who have more than 15 employees and limited liability was applicable to business entities and not individuals. In its entirety the code allowed multiple perpetrators to go scot-free. The revised codes expanded the term "employer" to include individuals of all capacities.

The revised Texas Labor Code states that an employer is liable if:-

1. Knows or should have known that the conduct was occurring; and

2. Fails to take "immediate and appropriate corrective action"

Additional legislature SB 282 increased the time period that an employee can take to report a case of sexual harassment by the employer from 180 days to 300 days. Usually, the state laws are in line with or similar to federal laws but this is a rare instance where the state laws are more liberal than the federal laws. Most people credit the Me Too Movement that occurred in 2017 for this change.

Source: The National Law Review

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Employee sexual harassment protection expanded in Texas

Employee sexual harassment protection expanded in Texas

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