Dallas, Texas (February 1, 2022) - In a year that seemed to be dominated by COVID-19 and vaccinate mandates, Texas had several legislative and case law developments that impacted employers. Our team briefly summarizes some of the more prominent legal developments of 2021 from the Lone Star State.
Under new laws that took effect on September 1, 2021, the Texas legislature significantly expanded sexual harassment protections for employees. The new laws expand the scope of who may be liable for workplace sexual harassment, as well as the deadline for employees to bring sexual harassment claims.
First, Senate Bill 45 extends liability for workplace sexual harassment to all persons or entities who employ one or more employees. Previously, Texas state law aligned with federal Title VII in exempting businesses with 14 or fewer employees from state sexual harassment lawsuits.
Second, the law defined a potentially liable employer to include anyone who "acts directly in the interests of an employer in relation to an employee." This has the potential to expose managers, supervisors, and perhaps even co-workers, independent contractors, vendors, or volunteers to individual liability related to workplace sexual harassment.
Third, the law also requires employers to take "immediate and appropriate" action whenever a sexual harassment claim is made. Although it remains unclear how the courts will interpret this new requirement, it will be...
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