| 1 | 1 | | By: Menéndez S.B. No. 2181 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to prohibited adverse employment action against an |
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| 7 | 7 | | employee who in good faith reports child abuse or neglect. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 261.110(a), (b), and (c), Family Code, |
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| 10 | 10 | | are amended to read as follows: |
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| 11 | 11 | | (a) In this section: |
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| 12 | 12 | | (1) "Adverse employment action" means an action that |
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| 13 | 13 | | affects an employee's compensation, promotion, transfer, work |
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| 14 | 14 | | assignment, or performance evaluation, or any other employment |
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| 15 | 15 | | action that would dissuade a reasonable employee from making or |
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| 16 | 16 | | supporting a report of abuse or neglect under Section 261.101. |
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| 17 | 17 | | (2) "Professional"[, "professional"] has the meaning |
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| 18 | 18 | | assigned by Section 261.101(b). |
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| 19 | 19 | | (b) An employer may not suspend or terminate the employment |
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| 20 | 20 | | of, take an adverse employment action against, or otherwise |
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| 21 | 21 | | discriminate against[,] a person who is a professional and who in |
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| 22 | 22 | | good faith: |
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| 23 | 23 | | (1) reports child abuse or neglect to: |
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| 24 | 24 | | (A) the person's supervisor; |
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| 25 | 25 | | (B) an administrator of the facility where the |
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| 26 | 26 | | person is employed; |
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| 27 | 27 | | (C) a state regulatory agency; or |
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| 28 | 28 | | (D) a law enforcement agency; or |
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| 29 | 29 | | (2) initiates or cooperates with an investigation or |
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| 30 | 30 | | proceeding by a governmental entity relating to an allegation of |
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| 31 | 31 | | child abuse or neglect. |
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| 32 | 32 | | (c) A person whose employment is suspended or terminated, |
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| 33 | 33 | | who suffers an adverse employment action, or who is otherwise |
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| 34 | 34 | | discriminated against in violation of this section may sue for |
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| 35 | 35 | | injunctive relief, damages, or both. |
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| 36 | 36 | | SECTION 2. This Act applies only to an adverse employment |
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| 37 | 37 | | action taken by an employer against an employee that occurs on or |
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| 38 | 38 | | after the effective date of this Act. An adverse employment action |
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| 39 | 39 | | taken by an employer against an employee that occurs before that |
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| 40 | 40 | | date is governed by the law in effect on the date the action |
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| 41 | 41 | | occurred, and the former law is continued in effect for that |
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| 42 | 42 | | purpose. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2017. |
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