Bill Summary – FastDemocracy

      
            88R4228 RDS-F
         
		By: Hughes
            S.B. No. 1041
         
               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 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 a person 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, a 
         
            person 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 person has filed a complaint with the 
         
            commission based on the grievance; or
         
                         (2)  if the person has filed a complaint with the 
         
            commission based on the grievance, the complaint is still pending 
         
            or the person 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 no
Statutes affected: 
Introduced: Labor Code 21.055, Labor Code 21.141, Labor Code 21.254, Labor Code 21.256, Labor Code 21.2585 (Labor Code 21)



	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 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 a person 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, a
	person 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 person has filed a complaint with the
	commission based on the grievance; or
	(2) if the person has filed a complaint with the
	commission based on the grievance, the complaint is still pending
	or the person 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 no Statutes affected: Introduced: Labor Code 21.055, Labor Code 21.141, Labor Code 21.254, Labor Code 21.256, Labor Code 21.2585 (Labor Code 21)