Relating to unlawful employment practices based on sexual harassment, including complaints and civil actions arising from those practices.
Impact
Should SB2868 pass, it would fundamentally change the current landscape of employment law in Texas, especially for cases of sexual harassment. By permitting victims to bypass established complaint processes and directly seek civil remedies, the bill is likely to result in an increase in lawsuits related to workplace harassment. This could have a significant effect on employers, potentially leading them to reassess and strengthen their internal policies and training programs regarding harassment to mitigate legal risks.
Summary
SB2868 is a legislative bill aimed at amending the Labor Code to strengthen protections against unlawful employment practices related to sexual harassment. It introduces a clearer definition of sexual harassment and provides individuals greater autonomy in seeking civil action for damages associated with such practices. This bill is particularly notable for allowing individuals to file civil actions even if they have not pursued complaints through official channels such as the Texas Commission on Human Rights. By doing so, the bill enhances access to justice for victims of harassment in the workplace.
Contention
While supporters of SB2868 argue that it empowers victims and affirms their rights, critics may raise concerns about the potential for increased litigation and the burden it could place on businesses. Some may contend that the bill's provisions could lead to frivolous lawsuits or create an adversarial relationship between employees and employers, potentially complicating workplace interactions. Thus, the discussion surrounding SB2868 reflects broader societal attitudes towards both workplace equality and the balance of power in employment relations.
Relating to prohibited provisions in a settlement agreement between a governmental agency and employee regarding a claim or complaint involving sexual assault or certain unlawful conduct based on sex.
Relating to the prohibition of certain discrimination based on sexual orientation or gender identity or expression; providing an administrative penalty.