Texas
How Burlington Industries, Inc. v. Ellerth applies in Texas: state-specific rules, key cases, and bar exam notes for Employment Discrimination (Title VII).
Texas law aligns closely with the federal principles established in Burlington Industries, Inc. v. Ellerth regarding employer liability for sexual harassment. Texas courts follow a framework that evaluates whether an employer can be held liable for hostile work environment claims and discuss the affirmative defense to such claims.
An employer may avoid liability for a supervisor's harassment if they prove: (1) they exercised reasonable care to prevent and correct the harassment, and (2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided.
The Texas Supreme Court held that the school district could not be held liable for an employee’s harassment since it had implemented effective policies against workplace harassment.
The court emphasized the importance of the employer's actions in preventing harassment and the necessity for employees to utilize provided complaint procedures.
The court ruled that an employer has an obligation to respond appropriately to sexual harassment complaints to mitigate potential liability.
Texas law generally mirrors the federal standard articulated in Burlington Industries, Inc. v. Ellerth, emphasizing the importance of an employer's proactive measures and the employee's responsibility to report harassment. However, Texas courts may apply more stringent requirements for establishing the effectiveness of employer policies.
Claims of employment discrimination, particularly sexual harassment under Title VII and its application under Texas law, are often tested on the Texas bar exam, highlighting the need for familiarity with both federal principles and state-specific case law.