Texas 2017 - 85th Regular

Texas House Bill HB290 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R7081 JSC-D
2	2	By: Johnson of Dallas H.B. No. 290
3	3	Substitute the following for H.B. No. 290:
4	4	By: Collier C.S.H.B. No. 290
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a prohibition on sex discrimination in compensation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 21, Labor Code, is amended
12	12	by adding Section 21.1061 to read as follows:
13	13	Sec. 21.1061. SEX DISCRIMINATION IN COMPENSATION. For
14	14	purposes of this chapter, a violation of Chapter 24 is considered to
15	15	be discrimination on the basis of sex.
16	16	SECTION 2. Subtitle A, Title 2, Labor Code, is amended by
17	17	adding Chapter 24 to read as follows:
18	18	CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION
19	19	Sec. 24.001. DEFINITIONS. In this chapter:
20	20	(1) "Applicant" means a person who has made an oral or
21	21	written application with an employer, or has sent a resume or other
22	22	correspondence to an employer, indicating an interest in
23	23	employment.
24	24	(2) "Commission" means the Texas Workforce
25	25	Commission.
26	26	(3) "Employee" and "employer" have the meanings
27	27	assigned by Section 21.002.
28	28	(4) "Wages" has the meaning assigned by Section
29	29	61.001.
30	30	Sec. 24.002. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF
31	31	WAGE HISTORY INFORMATION. (a) An employer may not:
32	32	(1) include a question regarding an applicant's wage
33	33	history information on an employment application form;
34	34	(2) inquire into or consider an applicant's wage
35	35	history information; or
36	36	(3) obtain an applicant's wage history information
37	37	from a previous employer of the applicant, unless the wages in that
38	38	previous employment position are subject to disclosure under
39	39	Chapter 552, Government Code.
40	40	(b) Notwithstanding Subsection (a), an applicant may
41	41	provide written authorization to a prospective employer to confirm
42	42	the applicant's wage history, including benefits or other
43	43	compensation, only after the prospective employer has made a
44	44	written offer of employment to the applicant that includes the
45	45	applicant's wage and benefit information for the position.
46	46	Sec. 24.003. PROHIBITION AGAINST DISCRIMINATION IN WAGES.
47	47	(a) For purposes of this section, "business necessity" means an
48	48	overriding legitimate business purpose such that the factor relied
49	49	upon in determining wage differential effectively fulfills the
50	50	business purpose the factor is intended to serve.
51	51	(b) An employer commits an unlawful employment practice in
52	52	violation of this chapter and Chapter 21 if the employer
53	53	discriminates among employees on the basis of sex by paying wages to
54	54	an employee at a rate less than the rate at which the employer pays
55	55	wages to another employee of the opposite sex for the same or
56	56	substantially similar work on jobs, the performance of which
57	57	requires equal or substantially similar skill, effort, and
58	58	responsibility, and which are performed under similar working
59	59	conditions, except where the payment is made under one of the
60	60	following factors:
61	61	(1) a seniority system;
62	62	(2) a merit system;
63	63	(3) a system that measures earnings by quantity or
64	64	quality of production; or
65	65	(4) a differential based on a bona fide factor other
66	66	than sex.
67	67	(c) A seniority system described by Subsection (b)(1) may
68	68	not deduct from the employee's service time any leave that the
69	69	employee took under the Family and Medical Leave Act of 1993 (29
70	70	U.S.C. Section 2601 et seq.) or other applicable family or medical
71	71	leave to which the employee is entitled.
72	72	(d) The exception provided by Subsection (b)(4) applies
73	73	only if the employer demonstrates that the factor:
74	74	(1) is not based on or derived from a differential
75	75	based on sex in compensation;
76	76	(2) is related to the position in question; and
77	77	(3) is consistent with business necessity.
78	78	(e) Notwithstanding Subsection (d), the exception provided
79	79	by Subsection (b)(4) does not apply if the employee demonstrates
80	80	that an alternative business practice exists that would serve the
81	81	same business purpose without producing a wage differential.
82	82	(f) An employer may not enter into an agreement with an
83	83	employee that provides that the employer may pay the employee a wage
84	84	at a rate that is in violation of this section.
85	85	Sec. 24.004. OTHER PROHIBITED ACTS. (a) An employer
86	86	commits an unlawful employment practice in violation of this
87	87	chapter and Chapter 21 if the employer:
88	88	(1) takes an adverse action or otherwise discriminates
89	89	against a person because the person has:
90	90	(A) opposed an act or practice made unlawful by
91	91	this chapter;
92	92	(B) sought to enforce rights protected under this
93	93	chapter; or
94	94	(C) testified, assisted, or participated in any
95	95	manner in an investigation, hearing, or other proceeding to enforce
96	96	this chapter; or
97	97	(2) discharges or in any other manner discriminates
98	98	against, coerces, intimidates, threatens, or interferes with an
99	99	employee or other person because the person:
100	100	(A) inquired about, disclosed, compared, or
101	101	otherwise discussed an employee's wages; or
102	102	(B) exercised or enjoyed, or aided or encouraged
103	103	another person to exercise or enjoy, any right granted or protected
104	104	by this chapter.
105	105	(b) This section does not require an employee to disclose
106	106	the employee's wages.
107	107	Sec. 24.005. NOTICE BY EMPLOYER REQUIRED. Each employer
108	108	shall post in conspicuous places on the premises of the employer
109	109	where notices to employees and applicants for employment are
110	110	customarily posted a notice, prepared or approved by the
111	111	commission, setting forth the pertinent provisions of this chapter
112	112	and information relating to the enforcement of this chapter.
113	113	Sec. 24.006. COMPLAINT; ENFORCEMENT. (a) A person
114	114	aggrieved by an unlawful employment practice under this chapter may
115	115	file a complaint with the commission. A complaint filed under this
116	116	section is subject to Subchapters E and F, Chapter 21.
117	117	(b) The commission shall enforce this chapter in accordance
118	118	with Chapter 21.
119	119	Sec. 24.007. EMPLOYER SELF-EVALUATION; AFFIRMATIVE
120	120	DEFENSE. (a) An employer is encouraged to periodically perform a
121	121	self-evaluation of the employer's business practices and
122	122	compensation to ensure that the employer is in compliance with this
123	123	chapter.
124	124	(b) In a civil action filed under Subchapter F, Chapter 21,
125	125	by a person aggrieved by an unlawful employment practice under this
126	126	chapter, it is an affirmative defense to liability for compensatory
127	127	or punitive damages under Section 21.2585 that:
128	128	(1) the employer performed a self-evaluation of the
129	129	employer's business practices and compensation in the three-year
130	130	period preceding the date of the conduct that is the basis of the
131	131	complaint; and
132	132	(2) the employer has in good faith demonstrated that,
133	133	following the date of the evaluation under Subdivision (1), the
134	134	employer has made reasonable progress toward eliminating
135	135	compensation differentials based on sex.
136	136	(c) This section does not require an employer to perform a
137	137	self-evaluation or subject an employer to any penalty for failing
138	138	to perform a self-evaluation.
139	139	Sec. 24.008. WAGE RECORDS REQUIREMENT. Each employer shall
140	140	compile and maintain for a period of at least three years records
141	141	that contain:
142	142	(1) the wage paid to each employee; and
143	143	(2) the method, system, computations, and other
144	144	factors used to establish, adjust, and determine the wage rates
145	145	paid to the employee.
146	146	SECTION 3. The changes in law made by this Act apply only to
147	147	an unlawful employment practice with regard to discrimination in
148	148	payment of compensation that occurs on or after January 1, 2018.
149	149	SECTION 4. This Act takes effect January 1, 2018.