H.B. No. 5400 aims to strengthen the legal framework surrounding unlawful employment practices related to sexual harassment in Texas. The bill amends several sections of the Labor Code, notably Section 21.055, which now specifies that retaliation protections apply to individuals who engage in activities related to sexual harassment complaints. Additionally, the definition of "sexual harassment" in Section 21.141 is expanded to include creating an "abusive" working environment. The bill introduces Section 21.2545, allowing individuals to file civil actions for sexual harassment without needing to first file a complaint with the commission, thereby streamlining the process for victims seeking justice.

Further amendments include changes to the statute of limitations for civil actions related to sexual harassment, allowing claims to be filed within two years of the unlawful conduct rather than the filing of a complaint. The bill also modifies the limits on compensatory and punitive damages, stating that these limits do not apply to civil actions based on sexual harassment. The changes will take effect on September 1, 2025, and will only apply to claims based on conduct occurring after that date, ensuring that previous cases are governed by the law in effect at the time of the conduct.

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)