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Texas Harassment Training and SB 45 Compliance

Texas sexual harassment training: the de facto standard SB 45 created

Texas does not impose a mandatory training cadence, but SB 45 fundamentally rewrote the standard for what an employer must do to avoid liability. Effective September 2021, every employer with one or more employees must take 'immediate and appropriate corrective action' on harassment, and the statute's employer definition reaches individuals acting in the employer's interests, creating potential personal exposure for supervisors and HR agents that Texas courts are still defining. Training is the cornerstone of a defensible response, even though it is not statutorily required.

Texas does not have a statutory training mandate. The requirements summarized below reflect best practice given the statute's expanded liability framework.

Statute
Texas Labor Code Chapter 21 (as amended by SB 45, effective Sept. 1, 2021)
Threshold
SB 45 redefines 'employer' to include any business with one (1) or more employees in Texas, a dramatic expansion from the prior 15-employee threshold under federal law.
Frequency
No statutory cadence. Best practice: annually, to align with the 'immediate and appropriate corrective action' duty and the federal Faragher/Ellerth Affirmative Defense.
New-hire deadline
No statutory deadline. Best practice: within 30–90 days of hire or promotion to supervisor.
Who must be trained

Coverage scope

Strongly recommended for all employees and supervisors; supervisors and HR personnel face potential personal exposure under SB 45 and need targeted training.

Cadence

Duration & frequency

Duration
No statutory minimum. Best practice: 1 hour for employees and 2 hours for supervisors, mirroring the closest mandate state (California).
Frequency
No statutory cadence. Best practice: annually, to align with the 'immediate and appropriate corrective action' duty and the federal Faragher/Ellerth Affirmative Defense.
New hires
No statutory deadline. Best practice: within 30–90 days of hire or promotion to supervisor.
Recommended Content

What a defensible program covers

Texas does not mandate training or prescribe its content, so there is no checklist to comply with. These are the elements that make a program hold up when the question becomes what you actually did about harassment.

01

Definition of sexual harassment under Texas Labor Code Chapter 21 and Title VII

02

Specific duties under SB 45, including the 'immediate and appropriate corrective action' standard

03

Personal liability exposure for supervisors and HR personnel under the amended Chapter 21

04

Reporting procedures and anti-retaliation protections

05

Bystander intervention

06

Realistic workplace scenarios, so employees and supervisors recognize conduct in practice and not only in a definition

Documentation

Recordkeeping

Best practice: retain training records for at least four (4) years. No Texas statute sets a retention period; the federal minimum is one year, or until final disposition of any charge (29 CFR 1602.14). Four years conservatively covers the 300-day filing window plus the litigation that can follow.

Exposure

Penalties & enforcement

No standalone penalty for not training. However, SB 45's expanded definitions and statute of limitations (300 days for harassment claims) mean that the absence of training is routinely used as evidence in Chapter 21 harassment litigation.

Enforcer

Texas Workforce Commission, Civil Rights Division (TWC-CRD); also EEOC for federal claims.

For Small Texas Employers

Fourteen or fewer employees?

You sit below the fifteen-employee threshold where the federal laws begin, and above the one-employee threshold where Texas sexual harassment liability begins. We run a fixed-price program built for precisely that position.

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Multi-state employer?

We map your roster to every mandate that applies.

Texas is one of 11 jurisdictions in our compliance matrix. If your employees work across state lines, the mandates stack: different durations, frequencies, and content per location. We handle that.

This page summarizes publicly available statutes and regulatory guidance, last reviewed July 2026. State and local mandates change frequently; verify current requirements with the enforcing agency or employment counsel before relying on this content for compliance decisions. empathiHR clients receive a written compliance matrix updated against their roster and locations.

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Texas is one piece of the picture. We inventory every state and city your employees work in, deliver compliant training per location, and produce the documentation your counsel will need.