The Texas Commission on Human Rights Act prohibits employment practices that discriminate against individuals based on sex, including pregnancy, childbirth, or related medical conditions (TX Labor Code Sec. 21.106). The Act covers all public employers and private employers with 15 or more employees (TX Labor Code Sec. 21.001 et seq.).
Effective September 1, 2021, the Act’s provisions regarding sexual harassment apply to employers with one or more employees (TX Labor Code Sec. 21.141).
“Sexual harassment” defined. Effective September 1, 2021, the Act defines “sexual harassment” as an unwelcome sexual advance, a request for a sexual favor, or any other verbal or physical conduct of a sexual nature if:
• Submission to the conduct is made a term or condition of employment, either explicitly or implicitly.
• A decision affecting the individual’s employment is based on submission to or rejection of the conduct.
• The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance.
• The conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.