Texas 2015 - 84th Regular

Texas House Bill HB3226 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11768 LED-D
2	2	By: Coleman H.B. No. 3226
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to addressing abusive conduct in the workplace; creating a
8	8	private right of action.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subtitle A, Title 2, Labor Code,
11	11	is amended to read as follows:
12	12	SUBTITLE A. EMPLOYMENT DISCRIMINATION AND ABUSIVE CONDUCT IN THE
13	13	WORKPLACE
14	14	SECTION 2. Subtitle A, Title 2, Labor Code, is amended by
15	15	adding Chapter 23 to read as follows:
16	16	CHAPTER 23. ABUSIVE CONDUCT IN THE WORKPLACE
17	17	Sec. 23.001. DEFINITIONS. In this chapter:
18	18	(1) "Abusive conduct" includes an act or omission that
19	19	a reasonable person would find abusive based on the severity,
20	20	nature, and frequency of the conduct. The term includes:
21	21	(A) repeated verbal abuse, including the use of
22	22	derogatory remarks, insults, and epithets;
23	23	(B) repeated verbal, nonverbal, or physical
24	24	conduct of a threatening, intimidating, or humiliating nature;
25	25	(C) repeated sabotage or undermining of an
26	26	employee's work performance; and
27	27	(D) a single act of abusive conduct that is
28	28	especially severe and egregious.
29	29	(2) "Abusive work environment" means a work
30	30	environment in which an employer or an employee, acting with intent
31	31	to cause pain or distress, subjects an employee to abusive conduct
32	32	that causes physical harm or psychological harm.
33	33	(3) "Adverse employment action" includes termination,
34	34	demotion, unfavorable reassignment, failure to promote,
35	35	disciplinary action, reduction in compensation, and constructive
36	36	discharge.
37	37	(4) "Constructive discharge" occurs when:
38	38	(A) an employee reasonably believes the employee
39	39	has been subjected to an abusive work environment;
40	40	(B) the employee resigns because of the abusive
41	41	work environment; and
42	42	(C) the employer was aware of the abusive work
43	43	environment before the employee resigns but failed to stop the
44	44	abusive conduct.
45	45	(5) "Physical harm" means the impairment of a person's
46	46	physical health or bodily integrity, as established by competent
47	47	evidence.
48	48	(6) "Psychological harm" means the impairment of a
49	49	person's mental health, as established by competent evidence.
50	50	Sec. 23.002. UNLAWFUL EMPLOYMENT PRACTICES. An employer
51	51	commits an unlawful employment practice if the employer:
52	52	(1) subjects an employee, or permits another employee
53	53	to subject the employee, to an abusive work environment;
54	54	(2) permits the constructive discharge of an employee;
55	55	or
56	56	(3) retaliates in any manner against an employee who,
57	57	under this chapter:
58	58	(A) opposes an unlawful employment practice;
59	59	(B) makes or files a charge;
60	60	(C) files a complaint; or
61	61	(D) testifies, assists, or participates in any
62	62	manner in an investigation, proceeding, or hearing.
63	63	Sec. 23.003. EMPLOYER LIABILITY; DEFENSES. (a) An employer
64	64	is liable for an unlawful employment practice under this chapter.
65	65	(b) An employer is vicariously liable for the abusive
66	66	conduct of an employee.
67	67	(c) A court shall consider abusive conduct that exploits an
68	68	employee's known psychological or physical illness or disability as
69	69	an aggravating factor.
70	70	(d) It is a defense to liability under this section that:
71	71	(1) the employer did not take an adverse employment
72	72	action against the complainant and:
73	73	(A) the employer exercised reasonable care to
74	74	prevent and promptly correct abusive conduct; and
75	75	(B) the complainant unreasonably failed to take
76	76	advantage of appropriate preventive or corrective opportunities
77	77	provided by the employer; or
78	78	(2) the employer took an adverse employment action
79	79	against the complainant because of:
80	80	(A) the complainant's poor performance or
81	81	misconduct; or
82	82	(B) the employer's economic necessity,
83	83	reasonable performance evaluation of the complainant, or
84	84	reasonable investigation of the complainant's potentially illegal
85	85	or unethical activity.
86	86	Sec. 23.004. EMPLOYEE LIABILITY; DEFENSE. (a) An employee
87	87	is individually liable for abusive conduct under this chapter.
88	88	(b) A court shall consider abusive conduct that exploits an
89	89	employee's known psychological or physical illness or disability as
90	90	an aggravating factor.
91	91	(c) It is a defense to liability that the employee committed
92	92	the abusive conduct at the direction of the employer under actual or
93	93	implied threat of an adverse employment action.
94	94	Sec. 23.005. INJUNCTION; EQUITABLE RELIEF. (a) On finding
95	95	that a respondent engaged in an unlawful employment practice or
96	96	abusive conduct as alleged in a complaint, a court may:
97	97	(1) prohibit by injunction the respondent from
98	98	engaging in an unlawful employment practice or abusive conduct; and
99	99	(2) order additional equitable relief as may be
100	100	appropriate.
101	101	(b) Additional equitable relief may include:
102	102	(1) reinstating the complainant;
103	103	(2) removing the party that engaged in abusive conduct
104	104	from the complainant's work environment;
105	105	(3) back pay;
106	106	(4) front pay;
107	107	(5) medical expenses;
108	108	(6) compensation for pain and suffering;
109	109	(7) compensation for emotional distress;
110	110	(8) punitive damages; and
111	111	(9) attorney's fees.
112	112	(c) An employer who is liable for an unlawful employment
113	113	practice under this chapter that does not include an adverse
114	114	employment action is not liable for emotional distress damages and
115	115	punitive damages unless the actionable conduct is extreme and
116	116	outrageous.
117	117	Sec. 23.006. PRIVATE RIGHT OF ACTION; LIMITATIONS. (a)
118	118	This chapter may only be enforced by a private right of action.
119	119	(b) An action under this chapter must be commenced not later
120	120	than the first anniversary of the last act that constitutes the
121	121	alleged unlawful employment practice or abusive conduct.
122	122	Sec. 23.007. EFFECT ON OTHER LEGAL RELATIONSHIPS. (a) This
123	123	chapter does not supersede rights and obligations provided under
124	124	collective bargaining laws and regulations.
125	125	(b) The remedies provided in this chapter are in addition to
126	126	any remedy provided under any other law. This chapter does not
127	127	relieve any person from any liability, duty, penalty, or punishment
128	128	provided by any other law.
129	129	(c) Notwithstanding Subsection (b), an employee's payments
130	130	of workers' compensation shall be reimbursed from compensation paid
131	131	under this chapter if an employee receives workers' compensation
132	132	under this chapter and Subtitle A, Title 5:
133	133	(1) for medical costs for the same injury or illness;
134	134	or
135	135	(2) in cash payments for the same period the employee
136	136	is not working as a result of the compensable injury or illness or
137	137	the unlawful employment practice or abusive conduct.
138	138	SECTION 3. The change in law made by this Act applies only
139	139	to a cause of action that accrues on or after the effective date of
140	140	this Act. A cause of action that accrues before the effective date
141	141	of this Act is governed by the law in effect immediately before that
142	142	date, and that law is continued in effect for that purpose.
143	143	SECTION 4. This Act takes effect September 1, 2015.