Bill Text: TX SB46 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the prohibition against sexual harassment in the workplace.

Spectrum: Moderate Partisan Bill (Democrat 51-11)

Status: (Engrossed) 2019-05-21 - Placed on General State Calendar [SB46 Detail]

Download: Texas-2019-SB46-Comm_Sub.html
 
 
  By: Zaffirini S.B. No. 46
 
  (Zwiener, Anchia, Button, Davis of Harris, Morrison, et al.)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prohibition against sexual harassment in the
  workplace.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 21, Labor Code, is amended by adding
  Subchapter C-1 to read as follows:
  SUBCHAPTER C-1. SEXUAL HARASSMENT
         Sec. 21.141.  DEFINITIONS.  In this subchapter:
               (1)  "Employer" means a person who:
                     (A)  employs one or more employees; or
                     (B)  acts directly in the interests of an employer
  in relation to an employee.
               (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, or
  offensive working environment.
         Sec. 21.142.  UNLAWFUL EMPLOYMENT PRACTICE.  An employer
  commits an unlawful employment practice if sexual harassment of an
  employee occurs and the employer or the employer's agents or
  supervisors:
               (1)  know or should have known that the conduct
  constituting sexual harassment was occurring; and
               (2)  fail to take immediate and appropriate corrective
  action.
         SECTION 2.  The change in law made by this Act applies only
  to a claim based on conduct that occurs on or after the effective
  date of this Act. A claim that is based on conduct that occurs
  before the effective date of this Act 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 3.  This Act takes effect September 1, 2019.
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