The state of Texas has recently passed a law (Bill H 1151) that protects unpaid interns from sexual harassment in the workplace. The law, which went into effect on September 1st, defines sexual harassment as an “unwelcomed sexual advance, a request for a sexual favor, or any other verbal or physical conduct of a sexual nature.” Advances, requests, or conducts of a sexual nature that affect the individual’s internship and working environment, and/or creates intimidation or a hostile working environment are also covered in the sexual harassment definition.
An employer will be committing an unlawful employment practice if an unpaid intern is sexually harassed, and the employer or the employer’s supervisors knew or should have known about the conduct and failed to take immediate and appropriate corrective action. Any employer covered by the Labor Code must review their sexual harassment policies, especially if they have unpaid interns in their existing staff. Supervisors must also review and understand the new law to address any inappropriate conduct.