Under two new Texas laws<\/strong>, even the smallest companies can be sued and complaints can cover harassment further in the past.<\/p>\n \u00a0<\/p>\n Under two new Texas laws, even the smallest companies can be sued and complaints can cover harassment further in the past.<\/p>\n Texas\u2019 workplace sexual harassment laws<\/strong> are changing, giving employees<\/strong> more time to pursue a claim against a company.<\/p>\n The state\u2019s rules will also now apply to many more businesses than they did before. While in the past, businesses with fewer than 15 employees<\/strong> were exempt from laws prohibiting sexual harassment<\/strong>, starting Wednesday, Sept. 1, the statute will apply to companies with at least one employee<\/strong>.<\/p>\n It could be a game-changer for both workers and small businesses. You\u2019re sexually harassed<\/strong> 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 KERA.<\/p>\n \u201cThat is isolation,\u201d she said. \u201cIf everyone has their own office \u2026 they\u2019re even more isolated. And that\u2019s a great breeding ground for sexual harassment and assault.\u201d<\/p>\n<\/blockquote>\n Her boss started with inappropriate comments, then escalated to sexual harassment<\/strong>, and, ultimately to sexual assault. The experience was traumatizing.<\/p>\n \u201cI stopped going there, and I opened up a lot to my friends and family and they embraced me with open arms,\u201d she said.<\/p>\n<\/blockquote>\n The woman spoke to KERA provided she remained anonymous. She\u2019s still exploring her legal options.<\/p>\n One legal option she doesn\u2019t have right now under Texas<\/strong> law is filing a sexual<\/strong> harassment claim with the Texas Workforce Commission against the company, a precursor to filing a lawsuit. That\u2019s because her employer had fewer than 15 employees and was therefore exempt under state law<\/strong>.<\/p>\n \u201cI was absolutely crushed,\u201d the woman said, describing the moment she learned about the company size threshold. \u201cI couldn\u2019t believe that there was an exception for something like this.\u201d<\/p>\n<\/blockquote>\n 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).<\/p>\n \u201cI\u2019d say I get a couple of those types of calls \u2014 where I can\u2019t do something because of the size of the employer<\/strong> \u2014 maybe four, five times a month,\u201d he said.<\/p>\n Once SB 45 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.<\/p>\n Not only will SB 45 help employees<\/strong> seeking justice, it will force previously exempt employers to do more work to head off sexual harassment and avoid a costly lawsuit.<\/p>\n For example, many of these businesses don\u2019t have human resources departments to set policy and organize trainings.<\/p>\n 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.<\/p>\n \u201cBut this law, especially in Texas<\/strong>, makes it very important that employers focus on [sexual harassment policies<\/strong>] right from the beginning,\u201d she said.<\/p>\n Among other changes, companies must now take \u201cimmediate and appropriate corrective action\u201d if a supervisor knew or \u201cshould have known\u201d about any sexual harassment.<\/p>\n Shannon Norris, a North Texas attorney who typically represents businesses, said management will have to put best practices in place.<\/p>\n \u201cYou need to train your managers to watch for things,\u201d he said. \u201cAnd just make it clear \u2014 if an employee has a problem, where do they go?\u201d<\/p>\n<\/blockquote>\n Norris believes the requirement of \u201cimmediate and appropriate corrective action\u201d begs the question: what is appropriate corrective action? Answering that should take a good deal of legal haggling in and out of court.<\/p>\n \u201cReasonable people can disagree about what\u2019s reasonable. And unreasonable people certainly can,\u201d he said. Another change to Texas\u2019 workplace sexual harassment rules<\/strong> is an increase in the time period covered by the law.<\/p>\n That law, HB 21, will give workers more time \u2014 300 days after the incidence of harassment \u2014 to file a claim with the TWC. Other workplace complaints, such as racial or religious discrimination, must still be filed within 180 days of the alleged incident.<\/p>\n 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.<\/p>\n \u201cEven if I filed a charge the day she comes to me, I can only reach back and address the prior six months,\u201d he said of the old rules. \u201cSo if something happened seven months ago, there\u2019s nothing I can do about that.\u201d<\/p>\n Meanwhile, the North Texas worker in this story said she\u2019s happy the state\u2019s sexual harassment rules are changing to cover small businesses.<\/p>\n \u201cUnder these new laws<\/strong>, [people like me] will have more of a voice and more power and not be able to have \u2026 their livelihood held over their heads,\u201d she said.<\/p>\n 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.<\/p>\n \u00a0<\/p>\n also read :<\/p>\nSexually Harassed At Work? It\u2019s Now Easier To File A Complaint In Texas<\/h2>\n
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\u2018That Is Isolation\u2019<\/p>\n<\/blockquote>\nImagine being a new employee at a very small company.<\/h4>\n
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New Responsibilities For Small Companies<\/h4>\n
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Statute Of Limitations<\/p>\n