Texas Discrimination & the 1-Employee Harassment Law

The Texas Commission on Human Rights Act (Chapter 21) covers employers with 15 or more employees and tracks Title VII/ADA/ADEA. Protected classes: race, color, disability, religion, sex, national origin, and age 40+. It is enforced by the TWC Civil Rights Division. Texas does not add sexual orientation or gender identity at the state level, but Bostockcovers them federally under Title VII's sex prohibition.

A 2021 law (SB 45) created a broader sexual-harassment standard (Tex. Labor Code § 21.141–.143): it applies to employers with one or more employees, can impose individual liability on a person who commits or fails to remedy harassment, requires "immediate and appropriate corrective action," and gives complainants a 300-day filing window (versus the general 180 days).

In Waffle House, Inc. v. Williams (Tex. 2010), the Texas Supreme Court held that the TCHRA is the exclusive remedy for workplace sexual harassment — it preempts overlapping common-law claims (like negligent supervision/retention) based on the same conduct. Handle harassment through the statutory framework.

Maintain a clear anti-harassment policy and complaint procedure, train supervisors, investigate promptly, and take immediate corrective action — the SB 45 standard makes a fast, documented response especially important, even for very small Texas employers.