Bill Text: TX SB1140 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the prohibition against sexual harassment in the workplace.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-07 - Referred to State Affairs [SB1140 Detail]
Download: Texas-2017-SB1140-Introduced.html
85R3309 JSC-D | ||
By: Zaffirini | S.B. No. 1140 |
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relating to the prohibition against sexual harassment in the | ||
workplace. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 21, Labor Code, is amended by adding | ||
Subchapter C-1, and a heading is added to that subchapter to read as | ||
follows: | ||
SUBCHAPTER C-1. SEXUAL HARASSMENT | ||
SECTION 2. Section 21.1065, Labor Code, is transferred to | ||
Subchapter C-1, Chapter 21, Labor Code, as added by this Act, | ||
redesignated as Sections 21.141, 21.142, and 21.143, Labor Code, | ||
and amended to read as follows: | ||
Sec. 21.141. DEFINITIONS. [ |
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(1) "Employer" means a person who: | ||
(A) employs one or more employees; or | ||
(B) acts directly or indirectly in the interests | ||
of an employer in relation to an employee. | ||
(2) "Sexual [ |
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unwelcome sexual advance, a request for a sexual favor, or any other | ||
verbal or physical conduct of a sexual nature if: | ||
(A) [ |
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conduct is made a term or condition of an individual's employment or | ||
internship, either explicitly or implicitly; | ||
(B) [ |
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advance, request, or conduct by an individual is used as the basis | ||
for a decision affecting the individual's employment or internship; | ||
(C) [ |
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the purpose or effect of unreasonably interfering with an | ||
individual's work performance [ |
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(D) [ |
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the purpose or effect of creating an intimidating, hostile, or | ||
offensive working environment. | ||
Sec. 21.142. UNLAWFUL EMPLOYMENT PRACTICE. [ |
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employer commits an unlawful employment practice if sexual | ||
harassment of an employee or unpaid intern occurs and the employer | ||
or the employer's agents or supervisors: | ||
(1) know or should have known that the conduct | ||
constituting sexual harassment was occurring; and | ||
(2) fail to take immediate and appropriate corrective | ||
action. | ||
Sec. 21.143. UNPAID INTERNS. [ |
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employer if: | ||
(1) the individual's internship, even though it | ||
includes engagement in the employer's operations or the performance | ||
of productive work for the employer, is similar to training that | ||
would be given in an educational environment; | ||
(2) the individual's internship experience is for the | ||
individual's benefit; | ||
(3) the individual does not displace the employer's | ||
regular employees but works under close supervision of the | ||
employer's existing staff; | ||
(4) the employer does not derive any immediate | ||
advantage from the individual's internship activities and on | ||
occasion the employer's operations may be impeded by those | ||
activities; | ||
(5) the individual is not entitled to a job at the | ||
conclusion of the internship; and | ||
(6) the individual is not entitled to wages for the | ||
time spent in the internship. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a claim based on conduct that occurs on or after the effective | ||
date of this Act. A claim that is based on conduct that occurs | ||
before the effective date of this Act 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 4. This Act takes effect September 1, 2017. |