#MeToo began a movement to fight against sexual harassment in the workplace and encouraged victims to share their story began to become mainstream around 2018. With the increased awareness of sexual harassment also came laws aimed at holding employers and workplaces that permitted sexual harassment accountable and encouraging victims to come forward.
In 2021 of last year, Texas Governor Greg Abbott signed Senate Bill 45 and House Bill 21; both of which were written in order to enhance employee protection against sexual harassment in the workplace. Senate Bill 45 specifically increases the liability of employers in managerial or supervisory roles for sexual harassment so that employees are more protected in the workplace.
In conjunction with that, it has also broadened the definition of employer (now to include anyone who employs a worker, rather than previously defined as employers with fifteen (15) or more employees) so that it now could possibly include other co-workers as well as individuals associated with the employer. It is believed that this will increase the number of claims and lawsuits which can be brought against employers so that those who have experienced been sexual harassment in the workplace can more confidently seek legal action.
House Bill 21 extends the time someone has to file a sexual harassment claim with the appropriate governmental investigatory agency, such as the TWC and/or EEOC, based on conduct that has occurred after the Bill was passed into law, September 1, 2021, from 180 days to 300 days. This extension on the time to file a claim also only applies to sexual harassment claims and does not apply to other types of discrimination claims at the time.
One of the reasons these two bills are important in the workplace is not only does it encourage employees to come forward with their story, but it also gives them a wider range of protection against sexual harassment in the workplace.
It is a step in the right direction towards more protection for employees in the workplace with regards to discrimination and could be a sign that employers will be held more responsible for harassment in the workplace.
Though coming forwards with these types of claims can be very difficult for the person who experienced sexual harassment at work, with these laws better protecting victims, contacting an attorney is the first step in pursuing legal action if you feel like you have been subjected to sexual harassment in the workplace.
If you would like to schedule a consultation to discuss sexual harassment in the workplace, feel free to contact Evan Lange Law, P.L.L.C. at (713) 909-4558, a Texas employment lawyer, to discuss whether the Firm may be able to help.