Liability or accountability? Probably both under new TX sexual harassment legislation

If you thought you could evade liability from sexual harassment by employing only a handful of employees, the Texas Legislature just gave you a wakeup call. Starting September 1, 2021, employers of all sizes may be subject to sexual harassment liability under new Texas Labor Code provisions.

You can run, but you can’t hide

Sexual harassment generally includes unwelcome sexual conduct that creates a hostile or offensive working environment. Title VII of the Civil Rights Act of 1964 is a federal law that prohibits workplace discrimination and harassment based on race, color, religion, national origin, and sex.

Previously, employers that had fewer than 15 employees couldn’t be sued under Title VII or the Texas Labor Code, but that’s about to change. As the legislature wound down in May 2021, Governor Greg Abbott signed Senate Bill (SB) 45, which imposes sexual harassment liability on large and small employers alike. After September 1, Texas businesses employing one or more employees will be subject to sexual harassment claims under the new state law.

Me, too? Yes, you

The new Texas law broadens liability and expands the definition of “employer.” Under the statute, managers or supervisors are considered to be “employers.” As a result, they can now be subject to an individual lawsuit and held personally liable for sexual harassment claims (previously they couldn’t be held personally liable in a civil lawsuit).