b'as hostile and abusive and a reasonable person would agree,to take Alexs barrage, Tim quits and visits a lawyer while he theconductcanbesexualharassmentactionablebythelooks for a new job.Is there a claim?Indeed there is, and homosexual employee. under Texas expanded liability theories, Tim can sue not just the company, but Alex, Mary, and even Al personally.Failure to act:Suzy is pursuing her co-worker, Kevin, relentlessly for a date.Kevin regularly and politely rebuffs Suzys requests,What Should I Do:but Suzy does not get the message.Kevin eventually reportsGood: Even small businesses are now potentially responsible the harassment to his supervisor who gets back to him in afor sexual harassment claims. If you dont already have one, couple of days and gives Kevin some advice about makingnowisthetimetoputtogetheraclear,well-writtenpolicy his position clear and forgets about the issue.Kevin followsprohibiting sexual harassment on the basis of sex, gender, or the advice to no avail and Suzy persists.Does Kevin have asexual orientation. The policy should describe what harassment claim?Its unclear at this point.In 2021, Texas changed theis, what retaliation is, and provide multiple avenues to report lawconcerningsexualharassmenttorequireemployerstoboth.take immediate and appropriate corrective action to address harassment.We still dont have clarity about what constitutesBetter: Provide training for all employees and managementimmediate or what is considered appropriate in response toparticularly important now that the law has expanded to potentially a claim.Until we do, employers should probably err on the sideimplicate individuals. Teach all employees and managers how of immediate meaningthe minute the claim comes inandto recognize harassing conduct and how to report it. Consider appropriate being more aggressive than the employer mightadding a policy which precludes dating or sexual relations of any otherwise feel appropriate. kind between employees or those employees with direct report relationships.A round of liability for everyone:Alex is homosexual but cannot understandtheconceptofapersonchangingtheirgenderBest:Evaluate your insurance coverage and come up with a identity.Tim is also homosexual but is contemplating a change toposition about whether the company will defend employees who his gender identity.Alex gives Tim a difficult time about his plansare added to a sexual harassment claim for their personal role for identity changebringing it up and attempting to engage Timin harassment.Work with your HR team and legal counsel to in discussion almost every day about it.Tim becomes frustrateddeterminewhatimmediateandappropriatecorrectiveaction because Alex wont let up and reports the issue to his supervisor,looks like for your business and implement suitable safeguards. Mary.Mary analyzes the issue and doesnt feel any action isBe sure that you have the appropriate processes and personnel necessary because Alex is not actively trying to pursue Tim forin place so that you can respond to complaints with urgency, a relationship or making jokes toward him.A few weeks, and aconductathoroughinvestigation,andtakeanynecessary number of additional discussions between Alex and Tim go by. action. Your reporting mechanism should include at least two This time Tim goes to the owner of the small company, Al.Allevels or individuals, in the event that the harasser is the person is a well-meaning person with nothing against Tim, but the ideato whom sexual harassment is supposed to be reported.of gender identity changes is hard for him to process and he doesnt want to get involved.Al, sheerly out of embarrassment anduncertaintyabouthowtoaddresstheproblem,delays acting.Unable to get any help from management and unwilling 44'