Bill Text: TX HB1999 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to unlawful employment practices based on sexual harassment, including complaints and civil actions arising from those practices.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2023-03-08 - Referred to International Relations & Economic Development [HB1999 Detail]
Download: Texas-2023-HB1999-Introduced.html
88R4228 RDS-F | ||
By: Johnson of Dallas | H.B. No. 1999 |
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relating to unlawful employment practices based on sexual | ||
harassment, including complaints and civil actions arising from | ||
those practices. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.055, Labor Code, is amended to read as | ||
follows: | ||
Sec. 21.055. RETALIATION. (a) An employer, labor union, or | ||
employment agency commits an unlawful employment practice if the | ||
employer, labor union, or employment agency retaliates or | ||
discriminates against a person who, under this chapter: | ||
(1) opposes a discriminatory practice; | ||
(2) makes or files a charge; | ||
(3) files a complaint; or | ||
(4) testifies, assists, or participates in any manner | ||
in an investigation, proceeding, or hearing. | ||
(b) The protections against retaliation and discrimination | ||
provided by this section apply to a person who engages in an act | ||
listed under Subsection (a) in relation to a discriminatory | ||
practice based on sexual harassment under Subchapter C-1. | ||
SECTION 2. Section 21.141(2), Labor Code, is amended to | ||
read as follows: | ||
(2) "Sexual harassment" means an unwelcome sexual | ||
advance, a request for a sexual favor, or any other verbal or | ||
physical conduct of a sexual nature if: | ||
(A) submission to the advance, request, or | ||
conduct is made a term or condition of an individual's employment, | ||
either explicitly or implicitly; | ||
(B) submission to or rejection of the advance, | ||
request, or conduct by an individual is used as the basis for a | ||
decision affecting the individual's employment; | ||
(C) the advance, request, or conduct has the | ||
purpose or effect of unreasonably interfering with an individual's | ||
work performance; or | ||
(D) the advance, request, or conduct has the | ||
purpose or effect of creating an intimidating, hostile, abusive, or | ||
offensive working environment. | ||
SECTION 3. Section 21.254, Labor Code, is amended to read as | ||
follows: | ||
Sec. 21.254. CIVIL ACTION BY COMPLAINANT. Except as | ||
provided by Section 21.2545, within [ |
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a notice of the right to file a civil action is received, the | ||
complainant may bring a civil action against the respondent. | ||
SECTION 4. Subchapter F, Chapter 21, Labor Code, is amended | ||
by adding Section 21.2545 to read as follows: | ||
Sec. 21.2545. CIVIL ACTION BY COMPLAINANT BASED ON SEXUAL | ||
HARASSMENT. Notwithstanding Sections 21.201, 21.211, and 21.254, a | ||
person may bring a civil action for damages or other relief arising | ||
from an unlawful employment practice based on sexual harassment | ||
under Subchapter C-1 regardless of whether: | ||
(1) the person has filed a complaint with the | ||
commission based on the grievance; or | ||
(2) if the person has filed a complaint with the | ||
commission based on the grievance, the complaint is still pending | ||
or the person has not received a notice of the right to file a civil | ||
action. | ||
SECTION 5. Section 21.256, Labor Code, is amended to read as | ||
follows: | ||
Sec. 21.256. STATUTE OF LIMITATIONS. A civil action may not | ||
be brought under this subchapter later than the second anniversary | ||
of the date the complaint relating to the action is filed, except | ||
that for a civil action arising from an unlawful employment | ||
practice based on sexual harassment under Subchapter C-1 filed | ||
without filing a complaint as described by Section 21.2545(1), the | ||
civil action may not be brought later than the second anniversary of | ||
the date the conduct constituting an unlawful employment practice | ||
under Subchapter C-1 occurred. | ||
SECTION 6. Section 21.2585, Labor Code, is amended by | ||
amending Subsection (d) and adding Subsection (f) to read as | ||
follows: | ||
(d) Except as provided by Subsection (f), the [ |
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the amount of compensatory damages awarded under this section for | ||
future pecuniary losses, emotional pain, suffering, inconvenience, | ||
mental anguish, loss of enjoyment of life, and other nonpecuniary | ||
losses and the amount of punitive damages awarded under this | ||
section may not exceed, for each complainant: | ||
(1) $50,000 in the case of a respondent that has fewer | ||
than 101 employees; | ||
(2) $100,000 in the case of a respondent that has more | ||
than 100 and fewer than 201 employees; | ||
(3) $200,000 in the case of a respondent that has more | ||
than 200 and fewer than 501 employees; and | ||
(4) $300,000 in the case of a respondent that has more | ||
than 500 employees. | ||
(f) Subsection (d) does not apply to a civil action for | ||
damages arising from an unlawful employment practice based on | ||
sexual harassment under Subchapter C-1. A civil action described | ||
by this subsection is subject to Section 41.008, Civil Practice and | ||
Remedies Code. | ||
SECTION 7. The changes in law made by this Act apply only to | ||
a claim or action based on conduct occurring on or after the | ||
effective date of this Act. A claim or action based on conduct | ||
occurring before that date is governed by the law in effect on the | ||
date the conduct occurred, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2023. |