Texas Sexual Harassment laws & HR compliance analysis

Texas Sexual Harassment: What you need to know

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.
For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”.  This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements.  Download Now
Effective September 1, 2021, the Act imposes liability if an employer knows or should have known about the sexual harassment and fails to take “immediate and appropriate corrective action.” This may be interpreted by the courts as a more rigorous standard than the previous requirement for employers to take “prompt remedial action.” In addition, the amendment to the Act defines “employer” as a person who employs one or more employees or “acts directly in the interests of an employer in relation to an employee.” The new definition may be interpreted by the courts to ...

Read more about Sexual Harassment