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Generative AI: A global guide to key IP considerations
Artificial intelligence (AI) raises many intellectual property (IP) issues.
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United States | Publication | August 27, 2021
Employers should take note of recent amendments to the Texas Labor Code that will go into effect on September 1st (HB 21 and SB 45) regarding sexual harassment claims.
These new provisions, which will apply to all Texas employers, extend the charge filing deadline for sexual harassment claims, subject supervisors, managers and other agents to individual liability, and modify the standard for an employer’s response to sexual harassment.
The amendments broaden the definition of “employer” for sexual harassment claims to include businesses that employ one or more employees. However, the prior definition of “employer,” which included only businesses that employ 15 or more employees, will continue to apply to other types of discrimination and harassment. Significantly, the amendments also expand the definition of “employer” to include any person who "acts directly in the interests of an employer in relation to an employee."
Thus, supervisors, managers and other agents can now be subject to individual liability for acts of sexual harassment directed toward employees. Prior to these amendments, only the actual employing entity could be held liable and responsible for paying any damage award. Additionally, the amendments extend the deadline to file a charge of discrimination with the Texas Workforce Commission to 300 days, though the 180-day charge filing deadline will continue to apply to other types of discrimination and harassment claims.
The new provisions further state that an employer commits an "unlawful employment practice" if "sexual harassment of an employee occurs and the employer or employer's agents or supervisors:
While it remains to be seen how significant of a change this seemingly different standard is, it will certainly be the subject of litigation as courts grapple with how to interpret it.
Given these significant changes in the law, Texas employers should update their harassment policies, conduct training regarding complaint procedures and be watchful for signs of sexual harassment in order to take immediate and appropriate corrective action.
Tom Reddin and Josh Owings are available to answer any questions you may have.
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Artificial intelligence (AI) raises many intellectual property (IP) issues.
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We are delighted to announce that Al Hounsell, Director of Strategic Innovation & Legal Design based in our Toronto office, has been named 'Innovative Leader of the Year' at the International Legal Technology Association (ILTA) Awards.
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After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
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