By Spencer Mainka & Aaron Sigel
Texas’ expansion of sexual harassment protections for employees has put individuals and employers, even those with only one employee, at greater risk of liability for sexual harassment claims.
Highlights
- Definition of “Employer” is expanded to include any business with at least one employee.
- Employers may be held liable for sexual harassment if co-workers or supervisors knew or should have known of the harassment and failed to intervene.
- Time to file a complaint of sexual harassment with the Texas Workforce Commission is extended to 300 days from the alleged incident. It had been 180.
Texas Sexual Harassment Law Update
The Texas legislature enacted Sept. 1, 2021 passed three laws—H.B. 21, S.B. 45, and S.B. 282; the first two amended the Texas Commission on Human Rights Act (TCHRA) and the third amended Section 1, Title 5 of the Government Code. The impact is immediate impact against private companies, especially employers with fewer than 15 employees.
The newly enacted laws subject employers to heightened standards of liability for sexual harassment claims.
H.B. 21 extends the timetable for employees to file complaints with the Texas Workforce Commission to within 300 days of the alleged harassment, nearly doubling the previous 180-day window.
With S.B. 45 in full effect, all Texas employers — even those with just one employee — can be held liable for sexual harassment claims. Additionally, the legislation allows for individual managers or supervisors who knew or “should have known” about sexual harassment within the workplace to be personally liable for sexual harassment. It also requires individual managers or supervisors to take “immediate and appropriate corrective action” in cases of sexual harassment.
With the addition of S.B. 282, public employers are prohibited from using public funding to settle any sexual harassment claims brought against elected officials or appointed government members or their staff. Additionally, it prohibits political subdivisions (a county, municipality, school district, other special district, or other subdivision of state government) from using public money to settle or otherwise pay a sexual harassment claim made against a person who is “an elected or appointed member of the governing body of the political subdivision or an officer or employee of the political subdivision.”
Legal Support for Employers
Employers of all sizes now face increased liability for sexual harassment. If you are an employer, consulting Pham Harrison LLP can help your business be vigilant in recognizing and handling potential sexual harassment claims. Call us today: (817) 632-6300.
Spencer Mainka
Spencer Mainka graduated in 2019 from Texas A&M University School of Law, where she served as a board member for the Employment and Labor Law Student Association and completed a concentration in Workplace Law. She served as a research assistant to Professor and Director of the Workplace Law Program, Michael Z. Green, and received top accolades for her article, Algorithm-Based Recruiting Technology in the Workplace.
Aaron Sigal is a third-year law student at Texas A&M University School of Law, where he serves as the Business Editor on the Executive Board of the Texas A&M Journal of Property Law and competes on Texas A&M’s National Moot Court Team. Aaron has interned for the Honorable Judge Lee Ann Breading in the 462nd District Court in Denton, Texas and the Honorable Judge Paula M. Rosales in the Dallas County Court at Law No. 4. Before law school Aaron attended St. Edward’s University in Austin, Texas where majored in Political Science with a minor in Criminal Justice and played collegiate baseball. He serves on the college and guest ministry teams at Antioch Fort Worth Community Church and will graduate Spring of 2022 with the intentions of pursuing a litigation career.
