| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the prohibition against sexual harassment in the |
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| 6 | 8 | | workplace. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Chapter 21, Labor Code, is amended by adding |
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| 9 | 11 | | Subchapter C-1 to read as follows: |
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| 10 | 12 | | SUBCHAPTER C-1. SEXUAL HARASSMENT |
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| 11 | 13 | | Sec. 21.141. DEFINITIONS. In this subchapter: |
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| 12 | 14 | | (1) "Employer" means a person who: |
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| 13 | 15 | | (A) employs one or more employees; or |
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| 14 | 16 | | (B) acts directly in the interests of an employer |
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| 15 | 17 | | in relation to an employee. |
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| 16 | 18 | | (2) "Sexual harassment" means an unwelcome sexual |
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| 17 | 19 | | advance, a request for a sexual favor, or any other verbal or |
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| 18 | 20 | | physical conduct of a sexual nature if: |
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| 19 | 21 | | (A) submission to the advance, request, or |
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| 20 | 22 | | conduct is made a term or condition of an individual's employment, |
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| 21 | 23 | | either explicitly or implicitly; |
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| 22 | 24 | | (B) submission to or rejection of the advance, |
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| 23 | 25 | | request, or conduct by an individual is used as the basis for a |
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| 24 | 26 | | decision affecting the individual's employment; |
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| 25 | 27 | | (C) the advance, request, or conduct has the |
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| 26 | 28 | | purpose or effect of unreasonably interfering with an individual's |
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| 27 | 29 | | work performance; or |
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| 28 | 30 | | (D) the advance, request, or conduct has the |
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| 29 | 31 | | purpose or effect of creating an intimidating, hostile, or |
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| 30 | 32 | | offensive working environment. |
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| 31 | 33 | | Sec. 21.142. UNLAWFUL EMPLOYMENT PRACTICE. An employer |
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| 32 | 34 | | commits an unlawful employment practice if sexual harassment of an |
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| 33 | 35 | | employee occurs and the employer or the employer's agents or |
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| 34 | 36 | | supervisors: |
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| 35 | 37 | | (1) know or should have known that the conduct |
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| 36 | 38 | | constituting sexual harassment was occurring; and |
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| 37 | 39 | | (2) fail to take immediate and appropriate corrective |
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| 38 | 40 | | action. |
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| 39 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 40 | 42 | | to a claim based on conduct that occurs on or after the effective |
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| 41 | 43 | | date of this Act. A claim that is based on conduct that occurs |
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| 42 | 44 | | before the effective date of this Act is governed by the law in |
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| 43 | 45 | | effect on the date the conduct occurred, and the former law is |
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| 44 | 46 | | continued in effect for that purpose. |
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| 45 | 47 | | SECTION 3. This Act takes effect September 1, 2021. |
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| 46 | | - | ______________________________ ______________________________ |
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| 47 | | - | President of the Senate Speaker of the House |
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| 48 | | - | I hereby certify that S.B. No. 45 passed the Senate on |
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| 49 | | - | March 25, 2021, by the following vote: Yeas 29, Nays 1. |
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| 50 | | - | ______________________________ |
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| 51 | | - | Secretary of the Senate |
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| 52 | | - | I hereby certify that S.B. No. 45 passed the House on |
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| 53 | | - | May 14, 2021, by the following vote: Yeas 104, Nays 25, one |
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| 54 | | - | present not voting. |
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| 55 | | - | ______________________________ |
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| 56 | | - | Chief Clerk of the House |
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| 57 | | - | Approved: |
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| 58 | | - | ______________________________ |
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| 59 | | - | Date |
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| 60 | | - | ______________________________ |
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| 61 | | - | Governor |
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