September 13, 2021

Hicks Thomas Partner Stewart Hoffer Quoted in Law360 on Texas’ New Sexual Harassment Laws

By Hicks Thomas LLP


Hicks Thomas partner Stewart Hoffer was interviewed by Law360 in an article discussing the new sexual harassment laws now in effect in Texas. The article, “What to Know About Texas’ New Sexual Harassment Laws,” (subscription required) highlights changes to the law that expand sexual harassment protections for employees in the workplace.

The new laws, which went into effect September 1, are significant in that they are in some ways more restrictive than federal law.

Mr. Hoffer told Law360 that the passage of such a law in Texas came as a surprise. “It’s surprising that Texas, given the Legislature we have and the governor we have … and the kind of active tort reform lobby we have, that this flew under the radar and passed. But I think everybody, regardless of political leanings, can get behind the notion that the workplace should be free from any sort of discrimination or harassment.”

The article goes on to lay out the most significant changes to state harassment laws, including:

  • Extending the time limit for filing a sexual harassment charge
  • Expanding liability to businesses that employ even one worker
  • Expanding liability to individual managers

Mr. Hoffer noted that the portion of the law that expands liability to individual managers will take time to clarify because it includes a requirement for managers who knew or should have known about the harassment.

“It’s going to be a fact question,” Mr. Hoffer told Law360. “A number of cases in the federal realm discuss that, so there’s some case law. But essentially, it really becomes a jury question, so more cases will be going to trial on that issue, giving juries the opportunity to second-guess what a supervisor should have done in that instance.”

Mr. Hoffer is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. With more than two decades of experience, Mr. Hoffer focuses his trial practice on complex commercial litigation, intellectual property, trade secret disputes, and employment litigation.

To schedule an appointment with Mr. Hoffer, contact our firm today.

Related Posts

Hicks Thomas Wins Open Records Battle, Forcing Houston to Release Emails on EcoHub Recycling Contract

HOUSTON – Hicks Thomas LLP won an open records court order compelling the city of Houston to turn over emails related to the city’s puzzling rejection of recycling company EcoHub LLC for a costlier, less effective recycling program. State District Judge Kristen Hawkins ordered the city to produce the emails…

Full Text

Hicks Thomas Environmental Litigation Team Successfully Navigates Clean Water Act Enforcement Action Brought by San Francisco Baykeeper

Hicks Thomas LLP is pleased to announce that its environmental litigation team has reached a favorable settlement on behalf of a California company sued by a public interest group under the Clean Water Act. The lawsuit, filed in January 2020 by the non-profit corporation San Francisco Baykeeper, claimed that the…

Full Text

Best of the Best: Hicks Thomas Named Among America’s Best Law Firms for Fifth Straight Year

Firm honored for oil & gas law and commercial litigation “When we first started this firm, we had two main objectives: do great work and always put client service first,” said Hicks Thomas partner John Thomas. “And we have never lost sight of that.” Affirming its commitment to client service and…

Full Text

Call: 713-547-9100