Texas has enacted legislation (Senate Bill 45) that prohibits sexual harassment in the workplace. Senate Bill 45 takes effect on September 1, 2021.
Background:
Texas employers are prohibited from discriminating against applicants and employees on the basis of race, color, disability, religion, sex, national origin, and age.
Senate Bill 45:
Senate Bill 45 amends Texas' nondiscrimination law to expressly prohibit sexual harassment in the workplace. Under the law, sexual harassment includes an unwelcome sexual advance, a request for a sexual favor, or any other verbal or physical conduct of a sexual nature, that, based on an advance, request or conduct, an employee's:
- Submission is, explicitly or implicitly, made a term or condition of their employment;
- Submission or rejection is used as the basis for a decision that affects their employment;
- Work performance is unreasonably interfered with; or
- Work environment becomes intimidating, hostile, or offensive.
Prohibited Actions:
It's considered an unlawful employment practice if an employer or their agents or supervisors know, or should have known, that the sexual harassment was occurring and they fail to take immediate and appropriate corrective action.
Compliance Recommendations:
Texas employers should review their training, policies and procedures to ensure compliance with Senate Bill 45. Please contact your dedicated service professional with any questions.