Tex. Codes » Labor Code · TITLE 2. PROTECTION OF LABORERS · SUBTITLE A. EMPLOYMENT DISCRIMINATION · CHAPTER 21. EMPLOYMENT DISCRIMINATION
Texas Codes

Tex. Lab. Code § 21.142 (2026)

Unlawful Employment Practice

✓ laws through the 89th Legislature (2025)
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Sec. 21.142. UNLAWFUL EMPLOYMENT PRACTICE. An employer commits an unlawful employment practice if sexual harassment of an employee occurs and the employer or the employer's agents or supervisors:

(1) know or should have known that the conduct constituting sexual harassment was occurring; and

(2) fail to take immediate and appropriate corrective action.

Added by Acts 2021, 87th Leg., R.S., Ch. 172 (S.B. 45), Sec. 1, eff. September 1, 2021.

SUBCHAPTER D. LOCAL ENFORCEMENT


Notes of Decisions
Cited in 9 cases (9 in the last 5 years), 2023–2026 · leading case: Esperanza Martinez v. ACA Team, LLC, No. 02-25-00365-CV (Jan. 15, 2026).
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Esperanza Martinez v. ACA Team, LLC, No. 02-25-00365-CV (Jan. 15, 2026). · cites it 3× “See Tex. Lab. Code Ann. § 21.142 (providing that “[a]n employer commits an unlawful employment practice if sexual harassment of an employee occurs and the employer .”
Auston v. Khiluv Logistics LLC, No. 4:23-cv-03060 (S.D. Tex. Dec. 8, 2024). · cites it 2× “The motion for summary judgment is denied as to Auston’s claims under the FLSA and the Texas Labor Code § 21.142. The reasons for these rulings are set forth below.”
Fossil Grp., Inc. v. Nicole Harris, 691 S.W.3d 874 (Tex. 2024). “But see TEX. LAB. CODE § 21.142 (requiring “immediate and appropriate corrective action,” effective September 1, 2021); supra note 15.”
Brown-Steffes v. Avis Budget Grp. Inc, No. 3:23-cv-01747, 2023 WL 6386510 (N.D. Tex. Sept. 29, 2023). “Tex. Lab. Code Ann. § 21.142 . For purposes of a § 21.”
Morgan v. Dyba, No. 3:24-cv-00557 (N.D. Tex. July 8, 2024). “6 TEX. LAB. CODE ANN. § 21.141(1). The Court is not aware that any Texas state court has decided whether these claims against an employer provide for individual liability.”
Brown v. Talley Logistics Inc, No. 3:24-cv-00144 (N.D. Tex. Nov. 26, 2024). “for sex (gender) discrimination and a sexual harassment claim pursuant to Texas Labor Code § 21.142. Id. at 5-6. She contends that she began working as an outside sales representative for Green Van Lines on September 1, 2021.”
Sepulveda v. Alvarez, No. 3:24-cv-00182 (W.D. Tex. May 9, 2025). “Plaintiff states that she “brought claims against her former district manager [Defendant Alvarez] for not taking immediate correction action in response in violation of Texas Labor Code § 21.142.” /d. Plaintiff also argues that Defendant Walgreens “has not shown that there is no…”
Andrassy v. Jan X-Ray Servs., Inc., No. 4:24-cv-03913 (S.D. Tex. Sept. 5, 2025). “” Brown-Steffes, 2023 WL 6386510 , at *4 (citing TEX. LAB. CODE ANN. § 21.142). The statute defines “sexual harassment” as: an unwelcome sexual advance, a request for a sexual favor, or any other verbal or physical conduct of a sexual nature if: (A) submission to the advance,…”
Velasco, No. 7:23-cv-00323 (S.D. Tex. Jan. 27, 2026). “Tex. Lab. Code §§ 21.142, 21.051; Waffle House, Inc.”
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