| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to unlawful employment practices based on sexual |
|
|
harassment, including complaints and civil actions arising from |
|
|
those practices. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 21.055, Labor Code, is amended to read as |
|
|
follows: |
|
|
Sec. 21.055. RETALIATION. (a) An employer, labor union, or |
|
|
employment agency commits an unlawful employment practice if the |
|
|
employer, labor union, or employment agency retaliates or |
|
|
discriminates against a person who, under this chapter: |
|
|
(1) opposes a discriminatory practice; |
|
|
(2) makes or files a charge; |
|
|
(3) files a complaint; or |
|
|
(4) testifies, assists, or participates in any manner |
|
|
in an investigation, proceeding, or hearing. |
|
|
(b) The protections against retaliation and discrimination |
|
|
provided by this section apply to a person who engages in an act |
|
|
listed under Subsection (a) in relation to a discriminatory |
|
|
practice based on sexual harassment under Subchapter C-1. |
|
|
SECTION 2. Section 21.141(2), Labor Code, is amended to |
|
|
read as follows: |
|
|
(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, abusive, or |
|
|
offensive working environment. |
|
|
SECTION 3. Section 21.254, Labor Code, is amended to read as |
|
|
follows: |
|
|
Sec. 21.254. CIVIL ACTION BY COMPLAINANT. Except as |
|
|
provided by Section 21.2545, within [Within] 60 days after the date |
|
|
a notice of the right to file a civil action is received, the |
|
|
complainant may bring a civil action against the respondent. |
|
|
SECTION 4. Subchapter F, Chapter 21, Labor Code, is amended |
|
|
by adding Section 21.2545 to read as follows: |
|
|
Sec. 21.2545. CIVIL ACTION BY COMPLAINANT BASED ON SEXUAL |
|
|
HARASSMENT. Notwithstanding Sections 21.201, 21.211, and 21.254, a |
|
|
person may bring a civil action for damages or other relief arising |
|
|
from an unlawful employment practice based on sexual harassment |
|
|
under Subchapter C-1 regardless of whether: |
|
|
(1) the person has filed a complaint with the |
|
|
commission based on the grievance; or |
|
|
(2) if the person has filed a complaint with the |
|
|
commission based on the grievance, the complaint is still pending |
|
|
or the person has not received a notice of the right to file a civil |
|
|
action. |
|
|
SECTION 5. Section 21.256, Labor Code, is amended to read as |
|
|
follows: |
|
|
Sec. 21.256. STATUTE OF LIMITATIONS. A civil action may not |
|
|
be brought under this subchapter later than the second anniversary |
|
|
of the date the complaint relating to the action is filed, except |
|
|
that for a civil action arising from an unlawful employment |
|
|
practice based on sexual harassment under Subchapter C-1 filed |
|
|
without filing a complaint as described by Section 21.2545(1), the |
|
|
civil action may not be brought later than the second anniversary of |
|
|
the date the conduct constituting an unlawful employment practice |
|
|
under Subchapter C-1 occurred. |
|
|
SECTION 6. Section 21.2585, Labor Code, is amended by |
|
|
amending Subsection (d) and adding Subsection (f) to read as |
|
|
follows: |
|
|
(d) Except as provided by Subsection (f), the [The] sum of |
|
|
the amount of compensatory damages awarded under this section for |
|
|
future pecuniary losses, emotional pain, suffering, inconvenience, |
|
|
mental anguish, loss of enjoyment of life, and other nonpecuniary |
|
|
losses and the amount of punitive damages awarded under this |
|
|
section may not exceed, for each complainant: |
|
|
(1) $50,000 in the case of a respondent that has fewer |
|
|
than 101 employees; |
|
|
(2) $100,000 in the case of a respondent that has more |
|
|
than 100 and fewer than 201 employees; |
|
|
(3) $200,000 in the case of a respondent that has more |
|
|
than 200 and fewer than 501 employees; and |
|
|
(4) $300,000 in the case of a respondent that has more |
|
|
than 500 employees. |
|
|
(f) Subsection (d) does not apply to a civil action for |
|
|
damages arising from an unlawful employment practice based on |
|
|
sexual harassment under Subchapter C-1. A civil action described |
|
|
by this subsection is subject to Section 41.008, Civil Practice and |
|
|
Remedies Code. |
|
|
SECTION 7. The changes in law made by this Act apply only to |
|
|
a claim or action based on conduct occurring on or after the |
|
|
effective date of this Act. A claim or action based on conduct |
|
|
occurring before that date 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 8. This Act takes effect September 1, 2023. |