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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 to read as follows: |
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SUBCHAPTER C-1. SEXUAL HARASSMENT |
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Sec. 21.141. DEFINITIONS. 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 in the interests of an employer |
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in relation to an employee. |
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(2) "Sexual harassment" means an unwelcome sexual |
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advance, a request for a sexual favor, or any other verbal or |
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physical conduct of a sexual nature if: |
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(A) submission to the advance, request, or |
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conduct is made a term or condition of an individual's employment, |
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either explicitly or implicitly; |
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(B) submission to or rejection of the advance, |
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request, or conduct by an individual is used as the basis for a |
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decision affecting the individual's employment; |
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(C) the advance, request, or conduct has the |
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purpose or effect of unreasonably interfering with an individual's |
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work performance; or |
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(D) the advance, request, or conduct has the |
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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. An employer |
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commits an unlawful employment practice if sexual harassment of an |
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employee occurs and the employer or the employer's agents or |
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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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SECTION 2. 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 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 45 passed the Senate on |
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March 25, 2021, by the following vote: Yeas 29, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 45 passed the House on |
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May 14, 2021, by the following vote: Yeas 104, Nays 25, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |