In 2021, the Texas legislature will consider employment law bills that will: expand employment discrimination to include gender identity and expression, require paid sick leave; prohibit inquiries into wage history or criminal background (prior to offer of employment); require advanced notice of work schedules in food and retail establishments; prohibit non-disclosure and arbitration contracts in sexual harassment disputes, and raise minimum wage, among others.
The Fifth Circuit Court of Appeals recently clarified that non-employees do not have standing to sue under Title VII, even if they are an object of intentional retaliation.
Over the next several days, I will provide a break down of the new employment laws and guidances issued by various government agencies that Texas employers should know about when dealing with COVID 19. If you have any follow up questions, please reach out to me at Leiza.Dolghih@lewisbrisbois.com.
Eradicating sexual harassment in the workplace requires commitment from the upper echelons with the company, creation of clear anti-harassment policies, effective training, and consistent enforcement of such policies. If your company is committed to making a change, but not sure where to begin, the above recommendations provide a good starting check list for making such changes.
An employer may  be responsible for the acts of non-employees, with respect to sexual harassment of employees in the workplace, where the employer (or its agents or supervisory employees) knows or should have known of the conduct and fails to take immediate and appropriate corrective action. In reviewing these cases the Commission will consider the extent of the employer’s control and any other legal responsibility which the employer may have with respect to the conduct of such non-employees.
The Department of Justice (DOJ) and Federal Trade Commission (FTC) recently issued Antitrust Guidance for HR Professionals (“Guidance”) intended to alert professionals involved in hiring and compensation decisions