With Governor Abbott’s veto period ending on June 20, 2021, Texas officially has new laws amending the Texas Labor Code. BHDA employment law attorneys Vanessa Gonzalez and Daniel Olds provide an explanation on two bills related to workplace harassment that were passed during the 87th Regular Legislative Session.
HB 21 amends the Labor Code to extend the statute of limitations for filing a sexual harassment complaint with the Texas Workforce Commission (TWC) to 300 days after the date the alleged conduct occurred. This new deadline matches the deadline to file complaints with the EEOC. Previously, all complaints of unlawful employment practices had to be filed with the TWC within 180 days of the day the unlawful event allegedly took place. HB 21 makes an exception for claims of sexual harassment, extending the deadline to 300 days. Texas is a dual filing state, so filing with the TWC serves as a filing with the EEOC. However, previously if the claim was not filed within 180 days of the alleged unlawful act, those claims were barred from a state court lawsuit and the Plaintiff would have to go to federal court. Now, sexual harassment complainants will have the same 300-day EEOC deadline for complaints of sexual harassment to the TWC and after the TWC (or EEOC) investigation and right to sue letter with applicable deadlines, those claims can be brought in either state or federal court. This bill becomes effective on September 1, 2021.
SB 45 amends the Labor Code relating to sexual harassment in the workplace. Before, protections against workplace harassment in Texas applied only to persons who work for an employer with 15 or more employees. SB 45 defines “employer” as someone who employs one or more employees; in other words, it clearly establishes that sexual harassment by any employer, regardless of how many persons they employ, is unlawful. Therefore, small business with less than 15 employees are now subject to claims of sexual harassment. This bill becomes effective on September 1, 2021.
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