What Can I Do If I Am Experiencing Harassment At Work?

What Will The Consequences Be If I Report?

When a complaint is made in the workplace, it’s best if the employer takes action to ensure that the complainant is not required to work with the accused person or people. Settlements can be reached before the complaint is brought before an arbitrator or adjudicator, and may involve financial compensation, apologies, workplace transfers or safety measures. If the complaint does go to a hearing, and the organization is found to be at fault, damages may be awarded based on the organization’s failure to adequately address the issue of discrimination or harassment. Even if an organization takes action to address individual instances of harassment, they may still be held responsible if there is a broader problem of harassment in the workplace, such as a toxic culture. In such cases, additional steps such as training and education must be taken to eradicate the problem.

Considering Your Reporting Options

If you are experiencing bullying or harassment at work, there are several steps you can take to address the situation. One option is to speak directly with the person responsible for the behavior, if it is safe and appropriate to do so. By explaining how their actions or words are affecting you, they may stop the behavior. However, if you do not feel comfortable speaking to the person directly, or if the behavior continues after addressing it, you should report your concerns to your employer or a trusted manager or human resources representative. If you are a member of a union, you can also speak to a union representative for assistance.

If your employer does not address the issue or if you feel they have not taken reasonable steps, you can speak to your union about the problem. Your union can help you through the grievance process under the collective agreement or other means. Employers also have a legal obligation to accommodate physical and mental disabilities, including mental illnesses that may contribute to or be caused by bullying and harassment. If the person responsible for the behavior has a mental health issue, your employer may need to balance your rights with their rights.

Your employer is not allowed to share medical information about other employees with you, but they also have an obligation to keep your medical information confidential. It’s important to know your reporting options outside of the workplace if you don’t feel your concerns are being addressed.

Longer Statute Of Limitations For Sexual Harassment Claims

To bring a claim for sexual harassment under the Texas Labor Code, an employee must file a discrimination charge with the Texas Workforce Commission within 180 days of the alleged sexual harassment. However, a new law has extended the time limit for filing a charge of sexual harassment from 180 days to 300 days from the date of the alleged harassment. This extension only applies to sexual harassment claims that stem from conduct occurring on or after September 1, 2021. The 180-day statute of limitations remains unchanged for other types of harassment, such as age, race, or disability, and for any incidents that occurred prior to September 1, 2021.

Which New Texas Laws Involve Sexual Harassment?

Out of the 666 new laws that were passed by the previous Legislature, House Bill 21 and Senate Bill 45 provide greater protections for employees in Texas. Despite receiving less attention than other bills, these laws have a direct impact on the workplace environment and are beneficial. As of September 1, 2021, Section 21.141 will be added to the Texas Labor Code, specifically concerning sexual harassment claims.

It is important to note that sexual harassment is a type of sexual discrimination law, and the new expansions in the statute only apply to sexual harassment claims. In order to make a legal claim, workplace harassment must be targeted at an employee’s protected class, which includes race, religion, national origin, disability, and age. If an employee is experiencing workplace harassment based on any of these attributes, the previous provisions of the Texas Labor Code still apply.

How Do These New Texas Laws Expand Liability?

The new law expands the liability of employers and supervisors for sexual harassment claims. Under the new Section 21.141 of the Texas Labor Code, an employer could be liable for sexual harassment even if they were negligent. To be held liable, the employer must have known or should have known about the sexual harassment and failed to take immediate and appropriate corrective action. The use of the word “immediate” indicates a higher standard than before. The new law eliminates the Faragher-Ellerth defense, which previously shielded employers from liability if an employee did not follow the company’s policy manual to report the harassment to HR or management. However, it is still recommended for employees to report any offensive behavior that interferes with their work performance. The new law is in the best interest of managers, supervisors, and executives to ensure a safe and harassment-free work environment, which will ultimately lead to a more productive and profitable company.