Texas 2019 - 86th Regular

Texas House Bill HB1478 Compare Versions

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

Old	New	Differences
1	1	86R9696 JSC-F
2	2	By: Rosenthal H.B. No. 1478
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition of employment discrimination on the basis
8	8	of reproductive decisions and certain employment agreements
9	9	limiting reproductive decisions.
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 21.1068 to read as follows:
13	13	Sec. 21.1068. DISCRIMINATION BASED ON REPRODUCTIVE
14	14	DECISIONS; CERTAIN AGREEMENTS VOID. (a) A provision in this
15	15	chapter referring to discrimination because of or on the basis of a
16	16	reproductive decision includes discrimination because of or on the
17	17	basis of:
18	18	(1) marital status at the time of a pregnancy;
19	19	(2) the use of assisted reproduction to become
20	20	pregnant;
21	21	(3) the use of contraception or a specific form of
22	22	contraception; or
23	23	(4) the obtainment or use of any other health care
24	24	drug, device, or service relating to reproductive health.
25	25	(b) An employer commits an unlawful employment practice if
26	26	the employer discriminates because of or on the basis of a
27	27	reproductive decision of the employee, the employee's spouse or
28	28	partner, the employee's dependent, or any other member of the
29	29	employee's family or household.
30	30	(c) An employer that provides an employee handbook or manual
31	31	to employees shall include in the handbook or manual information
32	32	regarding the prohibition of discrimination based on a reproductive
33	33	decision.
34	34	(d) A mandatory arbitration agreement between an employer
35	35	and an employee is void and unenforceable as against the public
36	36	policy of this state to the extent the agreement limits the
37	37	reproductive decisions of an employee, an employee's spouse or
38	38	partner, an employee's dependent, or any other member of the
39	39	employee's family or household.
40	40	SECTION 2. Section 21.051, Labor Code, is amended to read as
41	41	follows:
42	42	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
43	43	commits an unlawful employment practice if because of race, color,
44	44	disability, religion, sex, national origin, [or] age, or
45	45	reproductive decisions the employer:
46	46	(1) fails or refuses to hire an individual, discharges
47	47	an individual, or discriminates in any other manner against an
48	48	individual in connection with compensation or the terms,
49	49	conditions, or privileges of employment; or
50	50	(2) limits, segregates, or classifies an employee or
51	51	applicant for employment in a manner that would deprive or tend to
52	52	deprive an individual of any employment opportunity or adversely
53	53	affect in any other manner the status of an employee.
54	54	SECTION 3. Section 21.052, Labor Code, is amended to read as
55	55	follows:
56	56	Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
57	57	employment agency commits an unlawful employment practice if the
58	58	employment agency:
59	59	(1) fails or refuses to refer for employment or
60	60	discriminates in any other manner against an individual because of
61	61	race, color, disability, religion, sex, national origin, [or] age,
62	62	or reproductive decisions; or
63	63	(2) classifies or refers an individual for employment
64	64	on the basis of race, color, disability, religion, sex, national
65	65	origin, [or] age, or reproductive decisions.
66	66	SECTION 4. Section 21.053, Labor Code, is amended to read as
67	67	follows:
68	68	Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
69	69	organization commits an unlawful employment practice if because of
70	70	race, color, disability, religion, sex, national origin, [or] age,
71	71	or reproductive decisions the labor organization:
72	72	(1) excludes or expels from membership or
73	73	discriminates in any other manner against an individual; or
74	74	(2) limits, segregates, or classifies a member or an
75	75	applicant for membership or classifies or fails or refuses to refer
76	76	for employment an individual in a manner that would:
77	77	(A) deprive or tend to deprive an individual of
78	78	any employment opportunity;
79	79	(B) limit an employment opportunity or adversely
80	80	affect in any other manner the status of an employee or of an
81	81	applicant for employment; or
82	82	(C) cause or attempt to cause an employer to
83	83	violate this subchapter.
84	84	SECTION 5. Section 21.054(a), Labor Code, is amended to
85	85	read as follows:
86	86	(a) Unless a training or retraining opportunity or program
87	87	is provided under an affirmative action plan approved under a
88	88	federal law, rule, or order, an employer, labor organization, or
89	89	joint labor-management committee controlling an apprenticeship,
90	90	on-the-job training, or other training or retraining program
91	91	commits an unlawful employment practice if the employer, labor
92	92	organization, or committee discriminates against an individual
93	93	because of race, color, disability, religion, sex, national origin,
94	94	[or] age, or reproductive decisions in admission to or
95	95	participation in the program.
96	96	SECTION 6. Section 21.059(a), Labor Code, is amended to
97	97	read as follows:
98	98	(a) An employer, labor organization, employment agency, or
99	99	joint labor-management committee controlling an apprenticeship,
100	100	on-the-job training, or other training or retraining program
101	101	commits an unlawful employment practice if the employer, labor
102	102	organization, employment agency, or committee prints or publishes
103	103	or causes to be printed or published a notice or advertisement
104	104	relating to employment that:
105	105	(1) indicates a preference, limitation,
106	106	specification, or discrimination based on race, color, disability,
107	107	religion, sex, national origin, [or] age, or reproductive
108	108	decisions; and
109	109	(2) concerns an employee's status, employment, or
110	110	admission to or membership or participation in a labor union or
111	111	training or retraining program.
112	112	SECTION 7. Section 21.102(c), Labor Code, is amended to
113	113	read as follows:
114	114	(c) This section does not apply to standards of compensation
115	115	or terms, conditions, or privileges of employment that are
116	116	discriminatory on the basis of race, color, disability, religion,
117	117	sex, national origin, [or] age, or reproductive decisions.
118	118	SECTION 8. Section 21.112, Labor Code, is amended to read as
119	119	follows:
120	120	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
121	121	does not commit an unlawful employment practice by applying to
122	122	employees who work in different locations different standards of
123	123	compensation or different terms, conditions, or privileges of
124	124	employment that are not discriminatory on the basis of race, color,
125	125	disability, religion, sex, national origin, [or] age, or
126	126	reproductive decisions.
127	127	SECTION 9. Section 21.120(b), Labor Code, is amended to
128	128	read as follows:
129	129	(b) Subsection (a) does not apply to a policy adopted or
130	130	applied with the intent to discriminate because of race, color,
131	131	sex, national origin, religion, age, [or] disability, or
132	132	reproductive decisions.
133	133	SECTION 10. Section 21.122(a), Labor Code, is amended to
134	134	read as follows:
135	135	(a) An unlawful employment practice based on disparate
136	136	impact is established under this chapter only if:
137	137	(1) a complainant demonstrates that a respondent uses
138	138	a particular employment practice that causes a disparate impact on
139	139	the basis of race, color, sex, national origin, religion, [or]
140	140	disability, or reproductive decisions and the respondent fails to
141	141	demonstrate that the challenged practice is job-related for the
142	142	position in question and consistent with business necessity; or
143	143	(2) the complainant makes the demonstration in
144	144	accordance with federal law as that law existed June 4, 1989, with
145	145	respect to the concept of alternative employment practices, and the
146	146	respondent refuses to adopt such an alternative employment
147	147	practice.
148	148	SECTION 11. Section 21.124, Labor Code, is amended to read
149	149	as follows:
150	150	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
151	151	SCORES. It is an unlawful employment practice for a respondent, in
152	152	connection with the selection or referral of applicants for
153	153	employment or promotion, to adjust the scores of, use different
154	154	cutoff scores for, or otherwise alter the results of
155	155	employment-related tests on the basis of race, color, sex, national
156	156	origin, religion, age, [or] disability, or reproductive decisions.
157	157	SECTION 12. The heading to Section 21.125, Labor Code, is
158	158	amended to read as follows:
159	159	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
160	160	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
161	161	[OR] DISABILITY, OR REPRODUCTIVE DECISIONS IN EMPLOYMENT
162	162	PRACTICES.
163	163	SECTION 13. Section 21.125(a), Labor Code, is amended to
164	164	read as follows:
165	165	(a) Except as otherwise provided by this chapter, an
166	166	unlawful employment practice is established when the complainant
167	167	demonstrates that race, color, sex, national origin, religion, age,
168	168	[or] disability, or reproductive decisions was a motivating factor
169	169	for an employment practice, even if other factors also motivated
170	170	the practice, unless race, color, sex, national origin, religion,
171	171	age, [or] disability, or reproductive decisions is combined with
172	172	objective job-related factors to attain diversity in the employer's
173	173	work force.
174	174	SECTION 14. Section 21.126, Labor Code, is amended to read
175	175	as follows:
176	176	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
177	177	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
178	178	employment practice for a person elected to public office in this
179	179	state or a political subdivision of this state to discriminate
180	180	because of race, color, sex, national origin, religion, age, [or]
181	181	disability, or reproductive decisions against an individual who is
182	182	an employee or applicant for employment to:
183	183	(1) serve on the elected official's personal staff;
184	184	(2) serve the elected official on a policy-making
185	185	level; or
186	186	(3) serve the elected official as an immediate advisor
187	187	with respect to the exercise of the constitutional or legal powers
188	188	of the office.
189	189	SECTION 15. Section 21.152(a), Labor Code, is amended to
190	190	read as follows:
191	191	(a) A political subdivision or two or more political
192	192	subdivisions acting jointly may create a local commission to:
193	193	(1) promote the purposes of this chapter; and
194	194	(2) secure for all individuals in the jurisdiction of
195	195	each political subdivision freedom from discrimination because of
196	196	race, color, disability, religion, sex, national origin, [or] age,
197	197	or reproductive decisions.
198	198	SECTION 16. Section 21.155(a), Labor Code, is amended to
199	199	read as follows:
200	200	(a) The commission [Commission on Human Rights] shall refer
201	201	a complaint concerning discrimination in employment because of
202	202	race, color, disability, religion, sex, national origin, [or] age,
203	203	or reproductive decisions that is filed with the [that] commission
204	204	to a local commission with the necessary investigatory and
205	205	conciliatory powers if:
206	206	(1) the complaint has been referred to the commission
207	207	[Commission on Human Rights] by the federal government; or
208	208	(2) jurisdiction over the subject matter of the
209	209	complaint has been deferred to the commission [Commission on Human
210	210	Rights] by the federal government.
211	211	SECTION 17. (a) Except as provided by Subsection (b) of
212	212	this section, the change in law made by this Act applies only to a
213	213	claim of discrimination based on conduct occurring on or after the
214	214	effective date of this Act. A claim of discrimination that is based
215	215	on conduct occurring before that date is governed by the law in
216	216	effect on the date the conduct occurred, and the former law is
217	217	continued in effect for that purpose.
218	218	(b) Section 21.1068(d), Labor Code, as added by this Act,
219	219	applies to an agreement entered into before, on, or after the
220	220	effective date of this Act.
221	221	SECTION 18. This Act takes effect September 1, 2019.