Effective September 1, 2021, employers that employ “one or more employees” will be subject to heightened scrutiny for sexual harassment claims under Texas law. (Senate Bill 45). The definition of employer has been re-defined as someone that “acts directly in the interests of an employer in relation to an employee”. The current law shields employers with fewer than 15 employees.
Key points include;
·       The definition of “employer” has been expanded to include someone that acts directly in the interest of the employer in relation to the employee.
·       An employer would commit an unlawful employment practice if sexual harassment of an employee occurs and the employer or employer’s agents or supervisors know or should have known that the conduct constituting sexual harassment was occurring; and fail to take immediate and appropriate corrective action.
·       House Bill 21, signed on June 9, 2021, extended the time to file a sexual harassment claim from 180 days to 300 days from the date of the alleged sexual harassment. The House Bill applies only to sexual harassment claims and does not affect the 180-day requirement for filing other discrimination claims.

The above changes may lead to an increased number of sexual harassment claims.  In addition, the courts will need to define what corrective actions are regarded as “immediate and appropriate” when analyzing the standards in the sexual harassment context. For more information on sexual harassment prevention training and steps to take for compliance, contact us at [email protected]
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​The “Anti-Vaccination Passport” Law, (Senate Bill 968) was signed into law on May 7, 2021 and bans government-issued “vaccine passports” (i.e., proof of vaccination) for non-healthcare related purposes.  
 
SB 968 restricts businesses from requiring customers to show proof of vaccination before allowing them on their premises, but it does not contain restrictions for employees. Employers can require employees to show proof of vaccination. In addition, the EEOC’s updated guidance advises that federal anti-discrimination laws do not prohibit employers from requiring COVID-19 vaccinations for any employees physically entering the workplace nor do they prohibit offering employees incentives to take the COVID-19 vaccine or educating employees about its benefits.

On August 13, 2021, The Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers, suggesting that employers may want to “consider” adopting a policy requiring employees to receive the COVID-19 vaccination or submit to regular COVID-19 testing.
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OSHA’s guidance includes the following recommendations for employers;

• Request all employees, including fully vaccinated people, wear a face covering, as appropriate, in public, indoor settings in areas of substantial or high transmission of COVID-19
• Suggest or require all customers, visitors, or guests wear face coverings in public, indoor settings in areas of substantial or high transmission of COVID-19;
• Adopt policies that require employees to get vaccinated or undergo regular COVID-19 testing — in addition to mask wearing and physical distancing — if they remain unvaccinated; and
• Require fully vaccinated employees who have a known exposure to someone with suspected or confirmed COVID-19 be tested three days to five days after exposure and wear a mask in public indoor settings for 14 days or until they receive a negative test result.

What Does This Mean for Employers?
Considering OSHA’s new guidance, employers should review their policies and procedures regarding any potential COVID-19 exposure to employees and develop an infectious disease plan.
For assistance on developing a plan, contact [email protected]