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A BILL TO BE ENTITLED
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AN ACT
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relating to an employee's liability for sexual harassment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.002(13), Labor Code, is amended to |
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read as follows: |
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(13) "Respondent" means the person charged in a |
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complaint filed under this chapter and may include an employer, |
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employee, employment agency, labor organization, or joint |
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labor-management committee that controls an apprenticeship or |
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other training or retraining program, including an on-the-job |
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training program. |
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SECTION 2. Subchapter B, Chapter 21, Labor Code, is amended |
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by adding Section 21.062 to read as follows: |
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Sec. 21.062. DISCRIMINATION BY EMPLOYEE. (a) In this |
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section, "sexual harassment" means an unwelcome sexual advance, a |
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request for a sexual favor, or any other verbal or physical conduct |
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of a sexual nature if: |
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(1) submission to the advance, request, or conduct is |
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made a term or condition of an individual's employment, either |
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explicitly or implicitly; |
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(2) 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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(3) the advance, request, or conduct has the purpose |
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or effect of unreasonably interfering with an individual's work |
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performance; or |
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(4) the advance, request, or conduct has the purpose |
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or effect of creating an intimidating, hostile, or offensive |
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working environment. |
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(b) An employee commits an unlawful employment practice if |
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the employee engages in sexual harassment of another employee. |
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SECTION 3. Section 21.2585, Labor Code, is amended by |
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amending Subsection (d) and adding Subsection (f) to read as |
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follows: |
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(d) Except as provided by Subsection (f), the [The] sum of |
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the amount of compensatory damages awarded under this section for |
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future pecuniary losses, emotional pain, suffering, inconvenience, |
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mental anguish, loss of enjoyment of life, and other nonpecuniary |
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losses and the amount of punitive damages awarded under this |
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section may not exceed, for each complainant: |
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(1) $50,000 in the case of a respondent that has fewer |
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than 101 employees; |
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(2) $100,000 in the case of a respondent that has more |
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than 100 and fewer than 201 employees; |
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(3) $200,000 in the case of a respondent that has more |
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than 200 and fewer than 501 employees; and |
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(4) $300,000 in the case of a respondent that has more |
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than 500 employees. |
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(f) Subsection (d) does not apply to damages awarded against |
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an employee. |
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SECTION 4. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrued before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |