Texas House Bill HB1527

Texas 2019 - 86th Regular

Caption

Relating to an employee's liability for sexual harassment.

Impact

The bill modifies existing law by introducing Section 21.062 to the Labor Code, clarifying that an employee can be held liable for sexual harassment acts against another employee in the workplace. This provision alters how complaints of sexual harassment can be pursued, as employees now have personal accountability in addition to that of their employers. The change encourages a culture where employees may exhibit greater awareness of their behavior in the workplace, possibly leading to a decrease in harassment incidents if individuals recognize their personal liability.

Summary

House Bill 1527 aims to amend the Labor Code of the State of Texas by explicitly establishing the liability of an employee for engaging in sexual harassment. The bill defines sexual harassment in broad terms, which include unwelcome sexual advances and any verbal or physical conduct of a sexual nature that creates a hostile or intimidating work environment. This legislative change is significant as it shifts some responsibility for workplace harassment from employers to individual employees, thus expanding the scope of potential accountability in harassment cases.

Contention

Notable points of contention surrounding HB 1527 may involve the implications of expanding liability to include individual employees. Proponents of the bill argue that it provides a necessary recourse for victims of harassment, allowing them to seek justice not just from employers but also from the individuals responsible. Conversely, opponents may argue that this could lead to a culture of fear among employees where individuals might be overly cautious in their interactions, possibly stifling genuine workplace relationships. Additionally, there could be concerns about the bill being misused to target individuals unfairly.

Legislative context

The bill is reflective of broader national discussions on workplace harassment, especially in light of the #MeToo movement, where accountability and transparency have gained increased attention. By implementing such changes, the bill aligns Texas with evolving expectations of employee conduct and workplace safety. The bill will produce effects only for causes of action accruing after its effective date, thus setting a clear boundary between past and future allegations.