Signed by Governor Greg Abbott

Vote Smart's Synopsis:

Vote to pass a bill that classifies sexual harassment by any employer who employs one or more employees an unlawful employment practice.

Highlights:

• Defines “employer” as an individual who employs one or more employees or acts directly in the interests of an employer in relation to an employee (Sec. 1).

• Defines “sexual harassment” as unwelcome sexual advance, request, or other verbal or physical conduct of a sexual nature if (Sec. 1):

• Submission to the advance, request, or conduct is made a term or condition of an individuals employment either explicitly or implicitly; or

• Submission or rejection of the advance, request, or conduct is used as the basis for a decision affecting the individual’s employment.

• Specifies that an employer shall have committed an unlawful employment practice if sexual harassment of an employee occurs and the employer or employer’s agents or supervisors (Sec. 1):

• Know or should have known that the sexual harassment was occuring; and

• Fails to take immediate and appropriate corrective action.

• Prohibits this act from being applied retroactively to a past claim of misconduct that occurred prior to the effective date of this act (Sec. 2).

• Establishes that this act shall take effect September 1, 2021 (Sec. 3).

Full Bill Text