Sexual harassment is an ongoing problem in the workplace. In light of the problem, Texas passed two new laws focused on strengthening employee rights when it comes to sexual harassment. The new Texas laws treat sexual harassment claims differently than any other type of discrimination or harassment claim under state law. This article will dive into the new changes and how the laws affect your rights as an employee.
Senate Bill 45
Who is an Employer?
Under previous Texas law, in order to bring a sexual harassment claim against your employer, your employer needed to employ fifteen (15) or more employees. However, under Senate Bill 45, employers are defined as employing one or more employees. Additionally, an employer further means a person who acts directly in the interests of an employer in relation to an employee. Accordingly, in addition to your employer, supervisors, managers, human resources professionals, other employees, and third parties may be named individually as defendants in an employee’s sexual harassment complaint and held personally liable for damages.
What is Sexual Harassment?
Under Senate Bill 45, sexual harassment means any 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, or offensive working environment.
When Do I Have a Sexual Harassment Claim?
You have sexual harassment claim if an employee committed sexual harassment, as defined above, and your employer or the employer’s agents or supervisors (1) knew or should have known that the sexual harassment was occurring and (2) filed to take immediate and appropriate corrective action.
What Does This Mean for Me?
If a fellow employee has engaged in verbal or physical conduct of sexual nature towards you, and your employer knew or should have known that the sexual conduct was occurring and subsequently failed to take immediate and appropriate corrective action, you may have a sexual harassment claim.
In order to find out if you have a sexual harassment claim, contact our sexual harassment lawyers at The Joeckel Law Office. Our sexual harassment lawyers will be able to help determine whether you have a claim against your employer. The Joeckel Law Office offers free consultations; therefore, if you suspect you are the victim of sexual harassment, our sexual harassment attorneys will meet with you at no cost. Moreover, if we represent you in your sexual harassment claims, you do not pay us unless you win. You will further have no out-of-pocket legal expenses.
House Bill 21
You Have 300 Days to File a Sexual Harassment Claim
Under House Bill 21, you have 300 days from the date of the sexual harassment to file a claim. It is essential that you contact our sexual harassment lawyers at The Joeckel Law Office immediately to determine if you have a valid claim. If you wait too long, your claim may expire.
What Does This Mean for Me?
Under previous law, you had 180 days to file a claim with the Texas Workforce Commission and Equal Employment Opportunity Commission. However, while you still have 180 days to file with the Equal Employment Opportunity Commission, you now have 300 days to file a claim with the Texas Workforce Commission.
Call Our Sexual Harassment Lawyers at The Joeckel Law Office Today
If you have been the victim of sexual harassment in the workplace, our sexual harassment lawyers at The Joeckel Law Office can help you file a sexual harassment claim with the Texas Workforce Commission and pursue your case in court. Our sexual harassment lawyers have over 35 years of experience in pursuing employment law claims. We help level the playing field and provide you with a strong voice in court. Call (817) 924-8600 today for a free consultation, or fill out the contact form below.
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