Harassed At Work? West Bill Lifts The Damage Caps

The text as introduced · 813 words

89R927 RDS-F

By: West
S.B. No. 2868

A BILL TO BE ENTITLED

AN ACT

relating to unlawful employment practices based on sexual

harassment, including complaints and civil actions arising from

those practices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.055, Labor Code, is amended to read as

follows:

Sec. 21.055. RETALIATION. (a) An employer, labor union, or

employment agency commits an unlawful employment practice if the

employer, labor union, or employment agency retaliates or

discriminates against an individual [ a person ] who, under this

chapter:

(1) opposes a discriminatory practice;

(2) makes or files a charge;

(3) files a complaint; or

(4) testifies, assists, or participates in any manner

in an investigation, proceeding, or hearing.

(b) The protections against retaliation and discrimination

provided by this section apply to an individual who engages in an

act listed under Subsection (a) in relation to a discriminatory

practice based on sexual harassment under Subchapter C-1.

SECTION 2. Section 21.141(2), Labor Code, is amended to

read as follows:

(2) "Sexual harassment" means an unwelcome sexual

advance, a request for a sexual favor, or any other verbal or

physical conduct of a sexual nature if:

(A) submission to the advance, request, or

conduct is made a term or condition of an individual's employment,

either explicitly or implicitly;

(B) submission to or rejection of the advance,

request, or conduct by an individual is used as the basis for a

decision affecting the individual's employment;

(C) the advance, request, or conduct has the

purpose or effect of unreasonably interfering with an individual's

work performance; or

(D) the advance, request, or conduct has the

purpose or effect of creating an intimidating, hostile, abusive, or

offensive working environment.

SECTION 3. Section 21.254, Labor Code, is amended to read as

follows:

Sec. 21.254. CIVIL ACTION BY COMPLAINANT. Except as

provided by Section 21.2545, within [ Within ] 60 days after the date

a notice of the right to file a civil action is received, the

complainant may bring a civil action against the respondent.

SECTION 4. Subchapter F, Chapter 21, Labor Code, is amended

by adding Section 21.2545 to read as follows:

Sec. 21.2545. CIVIL ACTION BY COMPLAINANT BASED ON SEXUAL

HARASSMENT. Notwithstanding Sections 21.201, 21.211, and 21.254,

an individual may bring a civil action for damages or other relief

arising from an unlawful employment practice based on sexual

harassment under Subchapter C-1 regardless of whether:

(1) the individual has filed a complaint with the

commission based on the grievance; or

(2) if the individual has filed a complaint with the

commission based on the grievance, the complaint is still pending

or the individual has not received a notice of the right to file a

civil action.

SECTION 5. Section 21.256, Labor Code, is amended to read as

follows:

Sec. 21.256. STATUTE OF LIMITATIONS. A civil action may not

be brought under this subchapter later than the second anniversary

of the date the complaint relating to the action is filed , except

that for a civil action arising from an unlawful employment

practice based on sexual harassment under Subchapter C-1 filed

without filing a complaint as described by Section 21.2545(1), the

civil action may not be brought later than the second anniversary of

the date the conduct constituting an unlawful employment practice

under Subchapter C-1 occurred .

SECTION 6. Section 21.2585, Labor Code, is amended by

amending Subsection (d) and adding Subsection (f) to read as

follows:

(d) Except as provided by Subsection (f), the [ The ] sum of

the amount of compensatory damages awarded under this section for

future pecuniary losses, emotional pain, suffering, inconvenience,

mental anguish, loss of enjoyment of life, and other nonpecuniary

losses and the amount of punitive damages awarded under this

section may not exceed, for each complainant:

(1) $50,000 in the case of a respondent that has fewer

than 101 employees;

(2) $100,000 in the case of a respondent that has more

than 100 and fewer than 201 employees;

(3) $200,000 in the case of a respondent that has more

than 200 and fewer than 501 employees; and

(4) $300,000 in the case of a respondent that has more

than 500 employees.

(f) Subsection (d) does not apply to a civil action for

damages arising from an unlawful employment practice based on

sexual harassment under Subchapter C-1. A civil action described

by this subsection is subject to Section 41.008, Civil Practice and

Remedies Code.

SECTION 7. The changes in law made by this Act apply only to

a claim or action based on conduct occurring on or after the

effective date of this Act. A claim or action based on conduct

occurring before that date is governed by the law in effect on the

date the conduct occurred, and the former law is continued in effect

for that purpose.

SECTION 8. This Act takes effect September 1, 2025.