Beginning in January 2020, the state of Texas increased the number of people who are considered “mandatory reporters” under Title IX. The mandatory reporters are tasked with immediately reporting Title IX related incidents like dating violence and stalking when they become aware of it. If a mandatory reporter fails to make this report, they are subject to criminal and employment penalties. When this law went into effect, it was looked at as a great step forward in universities combatting sexual violence on their campuses by tasking more people with reporting duties and having penalties for those who do not. Sexual violence, dating violence, and stalking have always been huge issues on college campuses, and it is only recently that the law has made a stride to try and close out loopholes in university reporting requirements. The flip side is that not reporting or being named in a Title IX complaint can have adverse consequences on a person’s employment. These adverse consequences are where Title IX and Title VII clash, and the fall-out can have damaging effects on both.
Sexual harassment can happen to anyone regardless of gender, gender identity, or sexual orientation. Sexual harassment in the workplace has always been an issue. However, in the wake of the #Metoo movement sparked by the Harvey Weinstein scandal, more and more victims of workplace sexual harassment are now speaking up about workplace harassment and inequality that they’ve endured for far too long.
Texas workplace violence includes any threat or violent action taken against a worker. It can happen both on the job and away from the workplace. Nobody is immune from workplace violence, and some workers are at a higher risk of injury from a violent coworker due to the nature of their workplace. Some workers at heightened risk are those who exchange money with the public, health care and social service workers, those who work in community settings with extensive public contact, those who deliver goods or services, and those who work in small groups late at night or early in the morning.
Among the leading causes of job-related deaths, according to the Occupational Safety and Health Administration, are homicides and physical assaults. A violent coworker is a workplace safety issue that employers should take affirmative steps to address.
Every workplace is supposed to develop and maintain a workplace violence prevention program, as well as employee handbooks or manuals of standard procedures that address this problem. All employees should be aware of the policy and understand that claims of workplace violence will be promptly investigated and addressed. Employers may also owe a duty to provide their employees with safety education and steps on what to do if they’re attacked by a violent coworker. It can also be helpful for an employer to install video surveillance, provide staff who work in the field with cell phones, and minimize access to work locations by outsiders.