Bill > HB5400

This bill modifies Texas labor laws to strengthen protections and legal remedies for employees experiencing sexual harassment in the workplace. The bill expands the definition of sexual harassment to include "abusive" environments and clarifies protections against retaliation for individuals who report such harassment. Importantly, the bill creates a new provision allowing employees to file civil lawsuits for sexual harassment even if they have not first filed a complaint with the Texas Workforce Commission, and removes previous caps on damages specifically for sexual harassment cases. The bill allows individuals to bring civil actions for sexual harassment damages within two years of the conduct occurring, and notably, these sexual harassment cases will now be subject to different damage calculation rules than other employment discrimination cases. By referencing Section 41.008 of the Civil Practice and Remedies Code, the bill suggests that sexual harassment cases may now be eligible for higher damage awards than previously allowed. The changes will apply only to conduct occurring on or after the bill's effective date of September 1, 2025, ensuring existing cases are not retroactively impacted.

Labor and Employment

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB5400