
Increases charge filing deadline to 300 days; creates individual liability for supervisors, managers and other agents of the company
The recent amendments to the Texas Labor Code regarding sexual harassment claims will go into effect on September 1, 2021. HB 21 and SB 45 apply to all Texas employers with respect to sexual harassment claims only. All other type of charges of discrimination and harassment were not impacted by these amendments.
Sexual harassment
- Extends the charge filing deadline for sexual harassment claims filed with the Texas Workforce Commission to 300 days.
- Broadens the definition of “employer” for sexual harassment claims to cover all businesses that employ one or more employees.
- Supervisors, managers and other agents can now be subject to individual liability for acts of sexual harassment. Previously, only the employing entity could be held liable for paying any damage award.
- Provisions state that an employer commits an “unlawful employment practice” if “sexual harassment of an employee occurs and the employer or employer’s agents or supervisors:
- Knew or should have known that the conduct constituting sexual harassment was occurring; and
- Failed to take immediate and appropriate correction action.”
Other discrimination and harassment charges
- The charge filing deadline with the Texas Workforce Commission is 180-days.
- The definition of “employer” includes businesses with 15 or more employees.
Texas employers should ensure that their harassment policies are updated with the new amendments.
Founded in 1998, OutSolve has evolved into a premier compliance-driven HR advisory firm, leveraging deep expertise to simplify complex regulatory landscapes for businesses of all sizes. With a comprehensive suite of solutions encompassing HR compliance, workforce analytics, and risk mitigation consulting, OutSolve empowers organizations to navigate the intricate world of employment regulations with confidence.
Recent Posts

Countdown: Final Days of the 90-Day Safe Harbor Period for EO 11246
Related Posts

EEO-1 Reporting Requirements: A Complete Guide

EEO-1 Reporting Deadline 2024 Recently submitted documents to the Office of Management and Budget (OMB) indicate a proposed open data collection...

New Jersey Pay Transparency Laws: What You Need to Know

The topic of pay equity continues to gain attention across the United States, and New Jersey (NJ) is no exception. In fact, NJ is preparing to...

Why Companies and Institutions Should Fear False Claims Act Lawsuits When Signing Coming Federal Contract and Grant Certifications

OutSolve has invited John C. Fox, Esq. as a guest blogger providing legal insights on EEO and compliance issues. The views expressed in his posts are...