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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibition against sexual harassment in the |
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workplace. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 21, Labor Code, is amended by adding |
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Subchapter C-1, and a heading is added to that subchapter to read as |
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follows: |
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SUBCHAPTER C-1. SEXUAL HARASSMENT |
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SECTION 2. Section 21.1065, Labor Code, is transferred to |
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Subchapter C-1, Chapter 21, Labor Code, as added by this Act, |
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redesignated as Sections 21.141, 21.142, and 21.143, Labor Code, |
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and amended to read as follows: |
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Sec. 21.141. DEFINITIONS. [21.1065.
SEXUAL HARASSMENT
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PROTECTIONS FOR UNPAID INTERNS.
(a)] In this subchapter: |
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(1) "Employer" means a person who: |
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(A) employs one or more employees; or |
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(B) acts directly or indirectly in the interests |
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of an employer in relation to an employee. |
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(2) "Sexual [section, "sexual] harassment" means an |
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unwelcome sexual advance, a request for a sexual favor, or any other |
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verbal or physical conduct of a sexual nature if: |
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(A) [(1)] submission to the advance, request, or |
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conduct is made a term or condition of an individual's employment or |
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internship, either explicitly or implicitly; |
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(B) [(2)] submission to or rejection of the |
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advance, request, or conduct by an individual is used as the basis |
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for a decision affecting the individual's employment or internship; |
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(C) [(3)] the advance, request, or conduct has |
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the purpose or effect of unreasonably interfering with an |
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individual's work performance [at the individual's internship]; or |
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(D) [(4)] the advance, request, or conduct has |
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the purpose or effect of creating an intimidating, hostile, or |
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offensive working environment. |
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Sec. 21.142. UNLAWFUL EMPLOYMENT PRACTICE. [(b)] An |
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employer commits an unlawful employment practice if sexual |
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harassment of an employee or unpaid intern occurs and the employer |
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or the employer's agents or supervisors: |
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(1) know or should have known that the conduct |
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constituting sexual harassment was occurring; and |
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(2) fail to take immediate and appropriate corrective |
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action. |
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Sec. 21.143. UNPAID INTERNS. [(c)] In this subchapter |
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[section], an individual is considered to be an unpaid intern of an |
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employer if: |
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(1) the individual's internship, even though it |
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includes engagement in the employer's operations or the performance |
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of productive work for the employer, is similar to training that |
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would be given in an educational environment; |
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(2) the individual's internship experience is for the |
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individual's benefit; |
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(3) the individual does not displace the employer's |
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regular employees but works under close supervision of the |
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employer's existing staff; |
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(4) the employer does not derive any immediate |
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advantage from the individual's internship activities and on |
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occasion the employer's operations may be impeded by those |
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activities; |
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(5) the individual is not entitled to a job at the |
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conclusion of the internship; and |
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(6) the individual is not entitled to wages for the |
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time spent in the internship. |
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SECTION 3. The change in law made by this Act applies only |
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to a claim based on conduct that occurs on or after the effective |
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date of this Act. A claim that is based on conduct that occurs |
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before the effective date of this Act is governed by the law in |
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effect on the date the conduct occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |