A New Era in Sexual Harassment Law in Texas
presented by Ken Krock '93
CLE credit: 1.0 hour
With the passing of Senate Bill 45, Texas law for the first time made sexual harassment liability applicable to every employer regardless of the number of employees and created potential individual liability for persons who control or supervise employees. Such a law has a dramatic effect on many small businesses that previously did not have the requisite 15 employees to be covered by Texas and Federal law. Small business owners, supervisors, human resource professionals, as well as many others who may have been aware of these laws must now take active steps to insure that they have appropriate policies and their employees and supervisors have the requisite training to avoid liability for sexual harassment claims.
While ending sexual harassment in the workplace is a laudable goal, many smaller employers do not have the resources to devote to managing such a law or may have field operations or remote workers that make it more difficult to manage the work environment. Further the law presents a number of open issues that will need to be addressed by the courts.
This presentation will analyze the history of sexual harassment law in Texas as well as the origins of SB 45 and its changes to Texas law, the practical effects of such a law, and guidance on how attorneys can advise clients, especially small businesses, on this change in the law.