Understanding the 2021 Changes to Texas Sexual Harassment Law

In 2021, significant amendments reshaped the landscape of sexual harassment law in Texas. These changes, affecting the time frame for filing discrimination charges, the definition of employer, and individual liability for supervisors and managers, have profound implications for both employers and employees. Let’s delve into these alterations and their implications in greater detail. 

Extension of the Filing Window

One of the primary modifications involves extending the period within which an individual can file a charge of discrimination. Previously set at 180 days (about 6 months) from the alleged incident, this period has now been extended to 300 days (about 10 months). This synchronization with federal law aims to provide claimants with a more ample window to report instances of harassment, thereby facilitating a more robust legal response. 

Expanding Employer Liability

Another crucial amendment pertains to the definition of an employer. Previously applicable only to entities with 15 or more employees, the revised law extends coverage to all employers, irrespective of size.  

This expansion means that even small-scale employers are now subject to potential legal action under Texas sexual harassment statutes. This change underscores the imperative for all employers to ensure compliance with anti-harassment regulations. 

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Individual Liability for Supervisors and Managers

The most significant shift in the legal landscape is the provision allowing for individual and personal lawsuits against supervisors and managers in sexual harassment cases.  

Previously, only employers could be named defendants, but now, individuals in positions of authority can be held directly accountable. This underscores the importance of robust sexual harassment policies and prompt corrective action within organizations. 

Proactive Measures for Employers

To mitigate liability and foster a safe workplace environment, employers must take proactive steps. Implementing comprehensive anti-harassment policies, conducting regular training sessions, and promptly addressing complaints are critical.  

By adhering to these measures, employers can shield themselves from litigation, safeguard their employees, and uphold ethical standards within their organizations. 

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The 2021 amendments to Texas sexual harassment law represent a significant step forward in combating workplace misconduct. By extending the filing window, broadening employer liability, and holding individuals accountable, these changes seek to foster a safer and more equitable working environment.  

Employers must respond by implementing robust policies and procedures to prevent harassment and ensure prompt and fair resolution of complaints. Through collective effort, we can strive towards workplaces where all individuals are treated with dignity and respect. 

If you need guidance to adhere to these new amendments and ensure your business has everything in place, contact Richards Rodriguez & Skeith. With their employment law specialization, you will feel confident to tackle these new adjustments.