By: Zaffirini S.B. No. 46
(Zwiener, Anchia, Button, Davis of Harris, Morrison, et al.)
A BILL TO BE ENTITLED
AN ACT
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.