The bill, S.B. No. 2868, amends various sections of the Labor Code to strengthen protections against unlawful employment practices related to sexual harassment. Key changes include the clarification that retaliation against individuals who oppose discriminatory practices or participate in investigations is unlawful, specifically in relation to sexual harassment complaints. The definition of "sexual harassment" is expanded to include conduct that creates an "abusive" working environment. Additionally, the bill introduces a new section allowing individuals to file civil actions for damages related to sexual harassment without needing to first file a complaint with the commission, thereby streamlining the process for victims seeking redress.

Further amendments establish that the statute of limitations for civil actions based on sexual harassment is two years from the date the unlawful conduct occurred, rather than from when a complaint is filed. The bill also modifies the limits on compensatory and punitive damages, stating that these limits do not apply to civil actions for sexual harassment, which are instead subject to different provisions. The changes will take effect on September 1, 2025, and will only apply to claims based on conduct occurring after that date.

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)