There are some major changes to Texas’ sexual harassment laws that went into effect on September 1, 2021: SB 45 and HB 21 drastically expanded employee rights and increased employers’ obligations relating to sexual harassment in the workplace. You may be wondering, what does this mean for me?
Employees
For employees, your rights to protection from sexual harassment have been expanded in several ways. Perhaps the biggest change is that all employees are now covered under the law, whereas before, only those whose companies employed 15 or more people were protected. This is very important for employees who work for small businesses where they may be one of only a handful of employees. Even domestic workers are protected.
The statute of limitations has also been lengthened. You now have 300 days after you experience sexual harassment to file a charge of discrimination with the Texas Workforce Commission if you wish to file a lawsuit. Prior to the enactment of these bills, the statute of limitations was 180 days. (It is important to note that this change only applies to sexual harassment claims, not discrimination based on other protected classes.)
Employers
All employers are now covered by Texas’ sexual harassment laws, not just those with 15 or more employees as was previously the case. That is not the only way the definition of “employer” has changed; it now includes anyone who “acts directly in the interests of an employer in relation to an employee,” meaning that managers, human resources representatives, and other employees may also be held personally liable when sexual harassment occurs. This is a major shift in the legal landscape. Previously, Texas law did not provide a way to hold individuals liable for sexual harassment.
Employers are now required to take more significant steps to address sexual harassment in the workplace. The standard of care is higher. It is no longer sufficient to take “prompt remedial action” after an employee complains of sexual harassment. An employer is liable where the employer or its agents: (1) know or should have known that the conduct constituting sexual harassment was occurring; and (2) fail to take immediate and appropriate corrective action. This places a greater burden on employers to ensure their workplace is free from harassment.
Addressing the Changes
If you have not done so already, it is imperative to review your handbooks to make sure they adequately and comprehensively address sexual harassment and comply with the law. This may mean overhauling your current reporting, investigative, and corrective action policies if they do not meet the new standards.
All employees who are now at risk of being held personally liable for sexual harassment complaints (especially managerial and human resources personnel) should be educated on the changes to the law and their own responsibility to uphold it. Solid policies, clear communication to management staff, and regular trainings are all important steps to become and remain compliant.
If you have any questions about these new legal developments, you should contact an experienced employment law attorney.