Bill Text: TX SB45 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the prohibition against sexual harassment in the workplace.
Spectrum: Strong Partisan Bill (Democrat 34-2)
Status: (Passed) 2021-05-30 - Effective on 9/1/21 [SB45 Detail]
Download: Texas-2021-SB45-Enrolled.html
S.B. No. 45 |
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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 to read as follows: | ||
SUBCHAPTER C-1. SEXUAL HARASSMENT | ||
Sec. 21.141. DEFINITIONS. In this subchapter: | ||
(1) "Employer" means a person who: | ||
(A) employs one or more employees; or | ||
(B) acts directly in the interests of an employer | ||
in relation to an employee. | ||
(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, or | ||
offensive working environment. | ||
Sec. 21.142. UNLAWFUL EMPLOYMENT PRACTICE. An employer | ||
commits an unlawful employment practice if sexual harassment of an | ||
employee 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. | ||
SECTION 2. 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 3. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 45 passed the Senate on | ||
March 25, 2021, by the following vote: Yeas 29, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 45 passed the House on | ||
May 14, 2021, by the following vote: Yeas 104, Nays 25, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |