Relating to unlawful employment practices with respect to compensation and wage history.
Impact
The bill's amendments extend to the definitions of unlawful employment practices, emphasizing that any discriminatory compensation decision constitutes a violation of the law. Additionally, the bill outlines the rights of applicants and employees in relation to wage disclosures and sets forth that adverse actions (like discrimination, coercion, or intimidation) against individuals who inquire about or discuss wage-related information are prohibited. These changes aim to create a more equitable job market and protect workers from discriminatory pay practices.
Summary
House Bill 835 aims to address unlawful employment practices concerning compensation and wage history. The bill introduces amendments to the Texas Labor Code, specifically adding provisions that prohibit employers from inquiring about an applicant's wage history, either directly or through a previous employer. This measure is intended to combat wage discrimination by ensuring that an applicant's previous wages do not influence their potential compensation in new roles, thereby promoting a fairer hiring process.
Contention
Despite its intentions to promote equality, HB 835 may face challenges regarding enforcement and compliance. Critics may argue about the practicality of entirely prohibiting wage history inquiries, suggesting that it could complicate hiring processes for employers. Furthermore, the bill raises questions about how well the Texas Workforce Commission will manage enforcement, particularly given the anticipated increased volume of complaints related to wage disputes that may arise as a result of these new protections.
Implementation
The provisions in HB 835 are set to take effect for unlawful employment practices occurring from January 1, 2026, onward. This timeframe allows employers time to adjust their hiring processes to comply with the new regulations. Moreover, immediate effect is contingent upon a two-thirds vote from the legislature, which could enable quicker implementation if there is sufficient support.
Relating to a prohibition of employment discrimination on the basis of reproductive decisions and certain employment agreements limiting reproductive decisions.
Relating to a prohibition of employment discrimination on the basis of reproductive decisions and certain employment agreements limiting reproductive decisions.