As we reported in June, the Texas Labor Code was amended effective September 1 to expand liability for employers as to employee claims of sexual harassment. Specifically, the amendments to the Labor Code:

  • Impose liability for sexual harassment claims on more employers, by expanding the protections of the Labor Code to employers with as few as one (1) employee;
  • Open the door for potential individual liability by owners, supervisors, and managers for claims of sexual harassment;
  • Require an employer to take “immediate” and appropriate corrective action in response to a claim of sexual harassment, potentially accelerating an employer’s need under federal law to take “prompt” remedial action; and
  • Increase the Charge-filing period for those claiming sexual harassment from 180 days to 300 days.

Continue Reading Reminder to Texas Employers: Update Your Harassment Policies and Training

As most Texas employers are aware, prohibitions on discrimination (which includes harassment) and retaliation are imposed by the Texas Labor Code only on those employers with 15 or more employees. These prohibitions mirror, for the most part, similar prohibitions imposed by various federal laws. As the Texas legislative session drew to a close, however, two significant but curious amendments to the Labor Code were passed and subsequently signed into law by Governor Abbott, which amendments go into effect on September 1, 2021.
Continue Reading Texas Law Expands Liability for Sexual Harassment