Under the Texas sexual harassment law 2021 changes, a business with just one employee can now be held responsible for workplace sexual harassment. Before September 1, 2021, Texas and federal law only reached employers with 15 or more workers. Senate Bill 45 rewrote that rule for sexual harassment claims, so the corner shop with two staff is now covered the same as a company with 5,000. If you were harassed at a small Texas business and were told the law did not apply, that answer may be wrong.
Key Takeaways
- Since September 1, 2021, any Texas employer with one or more employees can face sexual harassment claims, down from the old 15-employee floor.
- Supervisors, coworkers, and HR staff can now be held personally liable, not just the company.
- The deadline to file with the Texas Workforce Commission is 300 days for sexual harassment, up from 180.
- Texas now requires employers to take immediate corrective action, a tougher standard than federal law.
What the 2021 Texas sexual harassment law actually changed
Senate Bill 45 added three new sections to the Texas Labor Code: sections 21.141, 21.142, and 21.143. Together they created a separate, stronger track for sexual harassment cases inside the state’s main employment discrimination law, Chapter 21. The bill took effect September 1, 2021, and it applies to conduct that happened on or after that date.
The headline shift is the new definition of employer. For a sexual harassment claim, Section 21.141 defines an employer as any person who employs one or more employees, or who acts directly in the interests of an employer toward an employee. That second phrase is doing heavy lifting, and we explain why below. The practical result is simple: the old 15-employee cutoff no longer protects small businesses from these claims.
One employee is now enough for employer liability
The most important of the new Texas laws for workers is the coverage threshold. Federal law under Title VII of the Civil Rights Act still only reaches employers with 15 or more employees. So does the rest of Texas Chapter 21 for other kinds of discrimination, like race or age. Sexual harassment is now the exception.
That gap matters because a huge share of Texans work for small shops, restaurants, clinics, and family-run companies that fall under 15 workers. Before SB 45, an employee at one of those businesses often had no state or federal harassment remedy at all. Now that same worker can pursue a claim. If a business tries to dodge employer liability by pointing to its small headcount, that defense no longer works for sexual harassment.
Supervisors and coworkers can now be personally liable
The second big change is individual liability. By defining an employer to include anyone who acts directly in the interests of an employer, the law opens the door to naming individuals, not just the company, in a claim. A supervisor who harasses you, a coworker who does, or a manager who knew and did nothing can potentially be held liable for sexual harassment in their own name.
This is a sharp break from federal law, where courts have generally refused to hold individual supervisors personally responsible under Title VII. The reason it matters is money and accountability. If the business closes, files for bankruptcy, or claims it cannot pay, a personally named defendant may still be on the hook. It also changes how seriously managers treat complaints, because their own assets can be exposed.
A quick caution: whether a specific supervisor or coworker can be held personally liable in a given case is still being tested in Texas courts, and outcomes turn on the facts. A Texas sexual harassment attorney can look at who did what, who knew, and who failed to act, then decide which parties belong in your claim.
Employers must take immediate corrective action
The third change raises the bar on how a company must respond. Under Section 21.142, an employer commits an unlawful employment practice if it or its agents knew or should have known harassment was happening and failed to take immediate and appropriate corrective action. The key word is immediate.
Federal harassment law usually asks whether an employer took reasonable steps in a reasonable time. Texas now demands a faster, firmer response. An employer that sits on a complaint for weeks, launches a slow investigation, or quietly moves the victim instead of the harasser may fall short of this standard. In practice, this gives workers a stronger argument when a company was told about a hostile work environment and dragged its feet.
You now have 300 days to file your claim
Deadlines decide cases, so this matters. For sexual harassment, Texas extended the window to file a complaint with the Texas Workforce Commission Civil Rights Division to 300 days from the last act of harassment. The old deadline was 180 days. This longer period, effective the same September 1, 2021 date, lines Texas up with the federal 300-day deadline for filing with the Equal Employment Opportunity Commission.
Do not treat 300 days as a comfortable cushion. Evidence fades, witnesses leave, and you usually must file this administrative complaint before you can sue. According to the Texas Workforce Commission, you generally file the charge first, then wait for the agency process before heading to court. Missing the deadline can end a strong case before it starts.
Texas law versus federal law at a glance
It helps to see where the state and federal rules now split for sexual harassment claims:
- Employer size: Texas reaches one or more employees. Federal Title VII still requires 15 or more.
- Who can be sued: Texas may allow individual liability for supervisors or coworkers. Federal law generally does not.
- Employer response: Texas requires immediate and appropriate corrective action. Federal law asks for a reasonable response.
- Filing deadline: Both now use a 300-day window with their respective agencies.
Because the two systems overlap, many workers file with both the Texas Workforce Commission and the EEOC to protect every option. Which path fits your situation depends on the employer, the timeline, and the harm you suffered.
Why these numbers matter for real workers
Harassment is common and badly underreported. The EEOC reports that women filed 78.2 percent of the 27,291 sexual harassment charges it received from fiscal year 2018 through 2021. Research summarized by the agency also finds that roughly one in four women say they have experienced sexual harassment at work, and that a large majority of people who are harassed never file any formal complaint at all.
The 2021 Texas changes were written to close some of that gap. By covering small employers, allowing individual liability, and demanding a fast response, the state gave more Texans a real path to hold wrongdoers accountable. The law only helps, though, if you act inside the deadline and build the record early. Save your notes, keep copies of messages off your work devices, and identify anyone who saw or heard the harassment while memories are fresh. A strong sexual harassment case is usually built on details, and those details are easiest to lock down soon after the conduct happens.
Talk to a trial lawyer before you decide
If you were sexually harassed at work in Central Texas, the 2021 law may give you options you did not have a few years ago, especially if you work for a small business. The safest move is to write down what happened, save any texts or emails, and get advice quickly while the deadline clock is running. Our employment trial team at Key Trial Lawyers can review your situation, explain how the firm’s sexual harassment attorneys would approach it, and tell you honestly where you stand. We fight for Texans when winning is key.
Frequently asked questions
Does the Texas sexual harassment law apply to small businesses?
Yes. Since September 1, 2021, Senate Bill 45 expanded the definition of employer so that any Texas business with one or more employees can be held liable for sexual harassment. This replaced the old rule that only reached employers with 15 or more workers. Federal Title VII still uses the 15-employee threshold, so Texas law now covers many small businesses that federal law does not.
Can I sue my supervisor or coworker personally for sexual harassment in Texas?
Potentially, yes. The 2021 law defines an employer to include anyone who acts directly in the interests of an employer toward an employee, which opens the door to individual liability for supervisors, coworkers, and HR staff. This differs from federal law, which generally does not allow individuals to be held personally responsible. Whether a specific person can be named in your case depends on the facts, so it is worth having an attorney review it.
How long do I have to file a sexual harassment claim in Texas?
You generally have 300 days from the last act of harassment to file a complaint with the Texas Workforce Commission Civil Rights Division. That window was extended from 180 days effective September 1, 2021. You usually must file this administrative complaint before you can take the case to court, so acting early protects your rights and your evidence.
What counts as immediate and appropriate corrective action by an employer?
Texas law now requires an employer that knew or should have known about harassment to respond quickly and effectively. That can mean promptly investigating, separating the harasser from the victim, and stopping the conduct rather than delaying or ignoring it. An employer that sits on a complaint or takes weeks to act may fail this standard, which is stricter than the reasonable-response test used under federal law.
Is the Texas 2021 law different from federal harassment law?
Yes, in several ways. Texas now covers employers with one or more employees, may allow individual liability, and requires immediate corrective action. Federal Title VII covers employers with 15 or more, generally does not allow individual liability, and asks only for a reasonable response. Both now use a 300-day filing deadline. Many workers file with both the Texas Workforce Commission and the EEOC to preserve every option.
What should I do first if I was harassed at work?
Write down what happened, including dates, witnesses, and what was said or done, and save any texts, emails, or messages. Report the conduct through your employer’s process if it is safe to do so, since the law asks employers to respond. Then talk to an attorney quickly, because the 300-day filing deadline is running from the last act of harassment.
