SELECTING A workplace prevention HARASSMENT TRAINER IN TEXAS
Selecting a Sexual Harassment training in Texas is an effective way to prevent problems before they occur, while inspiring and motivating employees to perform better, increasing professionalism while creating a fun, very interactive learning experience.
Training companies, such as MVP Seminars and Employee Harassment Training can help book your selected Harassment trainer who will personalize the training specifically to relate to the specific business & any issues that HR would like discussed. Our MVP Sexual Harassment training seminars are available in the following Texas cities: Houston, San Antonio & Dallas
Benefits of workplace prevention Harassment Seminar Training in Texas
THE NEW TEXAS LAWS ON SEXUAL HARASSMENT ALLOW A CAUSE OF ACTION FOR ALL EMPLOYEES
Senate Bill No. 45 addressed that problem by creating a cause of action under Texas law for sexual harassment for all employees. First, it defined an employer as a person who "employs one or more employee" or "acts directly in the interests of an employer in relation to an employee."5 This expands the definition of an employer, and some predict that officers, directors, and even other employees in addition to direct supervisors could now be included in the definition of "employer."6 This also could signal the possibility for individual liability against company managers, not just liability for the company.7 The language defining sexual harassment mirrors Texas Labor Code § 21.1065, which has protected unpaid interns from sexual harassment.8 The new bill uses the same language to define sexual harassment, only replacing references to "internship" with "employment" more generally.9
Senate Bill No. 45 also heightens the standard for employers' responses to known harassment. Previously, employers were required to take "prompt remedial action."10 Now, liability is imposed if an employer fails to take “immediate and appropriate corrective action.”11 This may be interpreted by the courts as a more rigorous standard and will likely lead to fights over the timeline of when an employer learned of the harassment compared to when the employer took action, in addition to the sufficiency of investigation.12
The second bill, House Bill No. 21, extends the statute of limitations for sexual harassment claims under Texas law from 180 days to 300 days, mirroring the Title VII statute of limitations.13 This applies only to sexual harassment claims; other claims for unlawful employment practice will still have a statute of limitations of 180 days.14
These new bills expand the state law cause of action for employees who experience sexual harassment in Texas. An employee would still need to exhaust his or her administrative remedies, but now, employees would be able to do so through the Texas Workforce Commission rather than the U.S. Equal Employment Opportunity Commission. With this expansion, courts will be left to interpret (1) what additional parties can be held liable for sexual harassment (and whether they can be held personally liable); and (2) whether the corrective action was taken "immediately."
TAKEAWAYS FOR TEXAS EMPLOYERS
- As a practical matter, all Texas employers should ensure that they have a policy in place prohibiting unlawful conduct, including harassment, discrimination, and retaliation on the basis of sex and all other protected characteristics.
- The policy should also clearly delineate a complaint procedure that includes multiple avenues for an employee to assert a complaint, including alternative managers, human resources representatives, or owners.
- Employers should reassure employees that all complaints will be taken seriously, immediately investigated, and remediated where appropriate – then actually follow through when a complaint is lodged.
- It is also important to note that “immediate corrective action” may include separating the complainant and the accused in the workplace while avoiding any adverse impact on the complainant, or putting the complainant or accused on paid administrative leave pending the outcome of the investigation. This crucial step is designed to satisfy the employer’s duty to act immediately, prevent further interaction between those involved, and preserve the status quo for the investigation.
- Texas employers should also ensure all management employees are trained on how to avoid harassment in the workplace, promptly escalate any actual or suspected complaints, and partner with decision makers to take immediate corrective action, fully investigate the issues, and implement any appropriate remedial action.
Texas cities providing onsite workplace prevention harassment training Seminars:
Houston: Hyatt Hotel
255 N Sam Houston Pkwy East, Houston, Texas 77060 USA
San Antonio: Holiday Inn Express
Holiday Inn Express: San Antonio N-Riverwalk Area
120 Camaron Street, San Antonio, Texas, 78205
Dallas: Hilton Hotel
The Statler Dallas, Curio Collection by Hilton
1914 Commerce St Dallas, Texas 75201 USA