85R2448 JSC-D
By: Menéndez S.B. No. 223
A BILL TO BE ENTITLED
AN ACT
relating to unlawful employment practices regarding discrimination
in payment of compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.202(a), Labor Code, is amended to
read as follows:
(a) A complaint under this subchapter must be filed not
later than the 180th day after the date the alleged unlawful
employment practice occurred. With respect to an allegation of
discrimination in payment of compensation in violation of this
chapter, an unlawful employment practice occurs each time:
(1) a discriminatory compensation decision or other
practice is adopted;
(2) an individual becomes subject to a discriminatory
compensation decision or other practice; or
(3) an individual is adversely affected by application
of a discriminatory compensation decision or other practice,
including each time wages affected wholly or partly by the decision
or other practice are paid.
SECTION 2. Section 21.258, Labor Code, is amended by
amending Subsection (c) and adding Subsections (d) and (e) to read
as follows:
(c) Except as otherwise provided by Subsection (d),
liability [Liability] under a back pay award may not accrue for a
date more than two years before the date a complaint is filed with
the commission.
(d) Liability may accrue, and an aggrieved person may obtain
relief as provided by this subchapter, including recovery of back
pay for up to two years preceding the date of filing the complaint,
if the unlawful employment practices that have occurred during the
period for filing a complaint are similar or related to unlawful
employment practices with regard to discrimination in payment of
compensation that occurred outside the period for filing a
complaint.
(e) Interim earnings, workers' compensation benefits, and
unemployment compensation benefits received operate to reduce the
back pay otherwise allowable under this section.
SECTION 3. The changes in law made by this Act apply only to
a discriminatory compensation decision or other unlawful
employment practice with regard to discrimination in payment of
compensation made on or after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.