Bill Text: TX SB46 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the prohibition against sexual harassment in the workplace.
Sponsorship: Broadly Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-21 - Placed on General State Calendar [SB46 Detail]
Download: Texas-2019-SB46-Comm_Sub.html
| By: Zaffirini | S.B. No. 46 | |
| (Zwiener, Anchia, Button, Davis of Harris, Morrison, et al.) | ||
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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, 2019. | ||
