Texas鈥� workplace sexual harassment laws are changing, giving employees more time to pursue a claim against a company.
The state鈥檚 rules will also now apply to many more businesses than they did before. While in the past, businesses with fewer than 15 employees were exempt from laws prohibiting sexual harassment, starting Wednesday, Sept. 1, the statute will apply to companies with at least one employee.
It could be a game-changer for both workers and small businesses.
鈥楾hat Is Isolation鈥�
Imagine being a new employee at a very small company. You鈥檙e sexually harassed by the owner, and there are few other coworkers to enlist as potential allies. That was what happened to a North Texas woman interviewed by 四虎影院.
鈥淭hat is isolation,鈥� she said. 鈥淚f everyone has their own office 鈥� they鈥檙e even more isolated. And that鈥檚 a great breeding ground for sexual harassment and assault.鈥�
Her boss started with inappropriate comments, then escalated to sexual harassment, and, ultimately to sexual assault. The experience was traumatizing.
鈥淚 stopped going there, and I opened up a lot to my friends and family and they embraced me with open arms,鈥� she said.
The woman spoke to 四虎影院 provided she remained anonymous. She鈥檚 still exploring her legal options.
One legal option she doesn鈥檛 have right now under Texas law is filing a sexual harassment claim with the Texas Workforce Commission against the company, a precursor to filing a lawsuit. That鈥檚 because her employer had fewer than 15 employees and was therefore exempt under state law.
鈥淚 was absolutely crushed,鈥� the woman said, describing the moment she learned about the company size threshold. 鈥淚 couldn鈥檛 believe that there was an exception for something like this.鈥�
Her situation is not uncommon, according to Dallas attorney Javier Perez. He represents workers in cases like these (but not the woman in this story).
鈥淚鈥檇 say I get a couple of those types of calls 鈥� where I can鈥檛 do something because of the size of the employer 鈥� maybe four, five times a month,鈥� he said.
Once goes into effect on Sept. 1, the threshold for sexual harassment claims drops in Texas. Companies with at least one employee can be held liable. Workers must still prove the harassment occurred.
New responsibilities for small companies
Not only will SB 45 help employees seeking justice, it will force previously exempt employers to do more work to head off sexual harassment and avoid a costly lawsuit.
For example, many of these businesses don鈥檛 have human resources departments to set policy and organize trainings.
Plano employment attorney Ditty Bhatti said, in particular, the new laws could catch brand new companies off guard. Companies just getting off the ground are typically laser-focused on serving their customers and becoming financially sustainable.
鈥淏ut this law, especially in Texas, makes it very important that employers focus on [sexual harassment policies] right from the beginning,鈥� she said.
Among other changes, companies must now take 鈥渋mmediate and appropriate corrective action鈥� if a supervisor knew or 鈥渟hould have known鈥� about any sexual harassment.
Shannon Norris, a North Texas attorney who typically represents businesses, said management will have to put best practices in place.
鈥淵ou need to train your managers to watch for things,鈥� he said. 鈥淎nd just make it clear 鈥� if an employee has a problem, where do they go?鈥�
Norris believes the requirement of 鈥渋mmediate and appropriate corrective action鈥� begs the question: what is appropriate corrective action? Answering that should take a good deal of legal haggling in and out of court.
鈥淩easonable people can disagree about what鈥檚 reasonable. And unreasonable people certainly can,鈥� he said.
Statute of Limitations
Another change to Texas鈥� workplace sexual harassment rules is an increase in the time period covered by the law.
That law, , will give workers more time 鈥� 300 days after the incidence of harassment 鈥� to file a claim with the TWC. Other workplace complaints, such as racial or religious discrimination, must still be filed .
Perez said it often takes clients a while to become ready to pursue a claim and find a lawyer. Often, a worker has been fired or left a job before he or she seeks redress.
鈥淓ven if I filed a charge the day she comes to me, I can only reach back and address the prior six months,鈥� he said of the old rules. 鈥淪o if something happened seven months ago, there鈥檚 nothing I can do about that.鈥�
Meanwhile, the North Texas worker in this story said she鈥檚 happy the state鈥檚 sexual harassment rules are changing to cover small businesses.
鈥淯nder these new laws, [people like me] will have more of a voice and more power and not be able to have 鈥� their livelihood held over their heads,鈥� she said.
None of these changes will affect her case, though, because the new laws only apply for harassment that occurs on or after they take effect Wednesday. But she said it makes her feel better about the work world her future children will have.
Got a tip? Email Bret Jaspers at bjaspers@kera.org. You can follow Bret on Twitter .
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