83R1235 KSD-D
By: Van de Putte S.B. No. 237
A BILL TO BE ENTITLED
AN ACT
relating to the prohibition of employment discrimination on the
basis of sexual orientation or gender identity or expression.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.002, Labor Code, is amended by adding
Subdivisions (9-a) and (13-a) to read as follows:
(9-a) "Gender identity or expression" means having or
being perceived as having a gender-related identity, appearance,
expression, or behavior, whether or not that identity, appearance,
expression, or behavior is different from that commonly associated
with the person's actual or perceived sex.
(13-a) "Sexual orientation" means the actual or
perceived status of an individual with respect to the individual's
sexuality.
SECTION 2. Section 21.051, Labor Code, is amended to read as
follows:
Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
commits an unlawful employment practice if because of race, color,
disability, religion, sex, national origin, [or] age, sexual
orientation, or gender identity or expression the employer:
(1) fails or refuses to hire an individual, discharges
an individual, or discriminates in any other manner against an
individual in connection with compensation or the terms,
conditions, or privileges of employment; or
(2) limits, segregates, or classifies an employee or
applicant for employment in a manner that would deprive or tend to
deprive an individual of any employment opportunity or adversely
affect in any other manner the status of an employee.
SECTION 3. Section 21.052, Labor Code, is amended to read as
follows:
Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
employment agency commits an unlawful employment practice if the
employment agency:
(1) fails or refuses to refer for employment or
discriminates in any other manner against an individual because of
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity or expression; or
(2) classifies or refers an individual for employment
on the basis of race, color, disability, religion, sex, national
origin, [or] age, sexual orientation, or gender identity or
expression.
SECTION 4. Section 21.053, Labor Code, is amended to read as
follows:
Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
organization commits an unlawful employment practice if because of
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity or expression the labor
organization:
(1) excludes or expels from membership or
discriminates in any other manner against an individual; or
(2) limits, segregates, or classifies a member or an
applicant for membership or classifies or fails or refuses to refer
for employment an individual in a manner that would:
(A) deprive or tend to deprive an individual of
any employment opportunity;
(B) limit an employment opportunity or adversely
affect in any other manner the status of an employee or of an
applicant for employment; or
(C) cause or attempt to cause an employer to
violate this subchapter.
SECTION 5. Section 21.054(a), Labor Code, is amended to
read as follows:
(a) Unless a training or retraining opportunity or program
is provided under an affirmative action plan approved under a
federal law, rule, or order, an employer, labor organization, or
joint labor-management committee controlling an apprenticeship,
on-the-job training, or other training or retraining program
commits an unlawful employment practice if the employer, labor
organization, or committee discriminates against an individual
because of race, color, disability, religion, sex, national origin,
[or] age, sexual orientation, or gender identity or expression in
admission to or participation in the program.
SECTION 6. Section 21.059(a), Labor Code, is amended to
read as follows:
(a) An employer, labor organization, employment agency, or
joint labor-management committee controlling an apprenticeship,
on-the-job training, or other training or retraining program
commits an unlawful employment practice if the employer, labor
organization, employment agency, or committee prints or publishes
or causes to be printed or published a notice or advertisement
relating to employment that:
(1) indicates a preference, limitation,
specification, or discrimination based on race, color, disability,
religion, sex, national origin, [or] age, sexual orientation, or
gender identity or expression; and
(2) concerns an employee's status, employment, or
admission to or membership or participation in a labor union or
training or retraining program.
SECTION 7. Section 21.102(c), Labor Code, is amended to
read as follows:
(c) This section does not apply to standards of compensation
or terms, conditions, or privileges of employment that are
discriminatory on the basis of race, color, disability, religion,
sex, national origin, [or] age, sexual orientation, or gender
identity or expression.
SECTION 8. Section 21.112, Labor Code, is amended to read as
follows:
Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
does not commit an unlawful employment practice by applying to
employees who work in different locations different standards of
compensation or different terms, conditions, or privileges of
employment that are not discriminatory on the basis of race, color,
disability, religion, sex, national origin, [or] age, sexual
orientation, or gender identity or expression.
SECTION 9. Section 21.113, Labor Code, is amended to read as
follows:
Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
does not require a person subject to this chapter to grant
preferential treatment to an individual or a group on the basis of
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity or expression because of an
imbalance between:
(1) the total number or percentage of persons of that
individual's or group's race, color, disability, religion, sex,
national origin, [or] age, sexual orientation, or gender identity
or expression:
(A) employed by an employer;
(B) referred or classified for employment by an
employment agency or labor organization;
(C) admitted to membership or classified by a
labor organization; or
(D) admitted to or employed in an apprenticeship,
on-the-job training, or other training or retraining program; and
(2) the total number or percentage of persons of that
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity or expression in:
(A) a community, this state, a region, or other
area; or
(B) the available work force in a community, this
state, a region, or other area.
SECTION 10. Section 21.120(b), Labor Code, is amended to
read as follows:
(b) Subsection (a) does not apply to a policy adopted or
applied with the intent to discriminate because of race, color,
sex, national origin, religion, age, [or] disability, sexual
orientation, or gender identity or expression.
SECTION 11. Section 21.122(a), Labor Code, is amended to
read as follows:
(a) An unlawful employment practice based on disparate
impact is established under this chapter only if:
(1) a complainant demonstrates that a respondent uses
a particular employment practice that causes a disparate impact on
the basis of race, color, sex, national origin, religion, [or]
disability, sexual orientation, or gender identity or expression
and the respondent fails to demonstrate that the challenged
practice is job-related for the position in question and consistent
with business necessity; or
(2) the complainant makes the demonstration in
accordance with federal law as that law existed June 4, 1989, with
respect to the concept of alternative employment practices, and the
respondent refuses to adopt such an alternative employment
practice.
SECTION 12. Section 21.124, Labor Code, is amended to read
as follows:
Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
SCORES. It is an unlawful employment practice for a respondent, in
connection with the selection or referral of applicants for
employment or promotion, to adjust the scores of, use different
cutoff scores for, or otherwise alter the results of
employment-related tests on the basis of race, color, sex, national
origin, religion, age, [or] disability, sexual orientation, or
gender identity or expression.
SECTION 13. The heading to Section 21.125, Labor Code, is
amended to read as follows:
Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
[OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY OR
EXPRESSION IN EMPLOYMENT PRACTICES.
SECTION 14. Section 21.125(a), Labor Code, is amended to
read as follows:
(a) Except as otherwise provided by this chapter, an
unlawful employment practice is established when the complainant
demonstrates that race, color, sex, national origin, religion, age,
[or] disability, sexual orientation, or gender identity or
expression was a motivating factor for an employment practice, even
if other factors also motivated the practice, unless race, color,
sex, national origin, religion, age, [or] disability, sexual
orientation, or gender identity or expression is combined with
objective job-related factors to attain diversity in the employer's
work force.
SECTION 15. Section 21.126, Labor Code, is amended to read
as follows:
Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
employment practice for a person elected to public office in this
state or a political subdivision of this state to discriminate
because of race, color, sex, national origin, religion, age, [or]
disability, sexual orientation, or gender identity or expression
against an individual who is an employee or applicant for
employment to:
(1) serve on the elected official's personal staff;
(2) serve the elected official on a policy-making
level; or
(3) serve the elected official as an immediate advisor
with respect to the exercise of the constitutional or legal powers
of the office.
SECTION 16. Section 21.152(a), Labor Code, is amended to
read as follows:
(a) A political subdivision or two or more political
subdivisions acting jointly may create a local commission to:
(1) promote the purposes of this chapter; and
(2) secure for all individuals in the jurisdiction of
each political subdivision freedom from discrimination because of
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity or expression.
SECTION 17. Section 21.155(a), Labor Code, is amended to
read as follows:
(a) The commission [Commission on Human Rights] shall refer
a complaint concerning discrimination in employment because of
race, color, disability, religion, sex, national origin, [or] age,
sexual orientation, or gender identity or expression that is filed
with that commission to a local commission with the necessary
investigatory and conciliatory powers if:
(1) the complaint has been referred to the commission
[Commission on Human Rights] by the federal government; or
(2) jurisdiction over the subject matter of the
complaint has been deferred to the commission [Commission on Human
Rights] by the federal government.
SECTION 18. This Act applies to conduct occurring on or
after the effective date of this Act. Conduct occurring before that
date is governed by the law in effect on the date the conduct
occurred, and the former law is continued in effect for that
purpose.
SECTION 19. This Act takes effect September 1, 2013.