Texas 2019 - 86th Regular

Texas House Bill HB1751 Compare Versions

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

Old	New	Differences
1	1	86R1758 JSC-D
2	2	By: Collier H.B. No. 1751
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition on sex discrimination in employment
8	8	compensation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 21, Labor Code, is amended
11	11	by adding Section 21.1061 to read as follows:
12	12	Sec. 21.1061. SEX DISCRIMINATION IN COMPENSATION. For
13	13	purposes of this chapter, a violation of Chapter 24 is considered to
14	14	be discrimination on the basis of sex.
15	15	SECTION 2. Subtitle A, Title 2, Labor Code, is amended by
16	16	adding Chapter 24 to read as follows:
17	17	CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION
18	18	Sec. 24.001. DEFINITIONS. In this chapter:
19	19	(1) "Applicant" means a person who has made an oral or
20	20	written application with an employer, or has sent a resume or other
21	21	correspondence to an employer, indicating an interest in
22	22	employment.
23	23	(2) "Commission" means the Texas Workforce
24	24	Commission.
25	25	(3) "Employee" and "employer" have the meanings
26	26	assigned by Section 21.002.
27	27	(4) "Wages" has the meaning assigned by Section
28	28	61.001.
29	29	Sec. 24.002. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF
30	30	WAGE HISTORY INFORMATION. (a) An employer may not:
31	31	(1) include a question regarding an applicant's wage
32	32	history information on an employment application form;
33	33	(2) inquire into or consider an applicant's wage
34	34	history information; or
35	35	(3) obtain an applicant's wage history information
36	36	from a previous employer of the applicant, unless the wages in that
37	37	previous employment position are subject to disclosure under
38	38	Chapter 552, Government Code.
39	39	(b) Notwithstanding Subsection (a), an applicant may
40	40	provide written authorization to a prospective employer to confirm
41	41	the applicant's wage history, including benefits or other
42	42	compensation, only after the prospective employer has made a
43	43	written offer of employment to the applicant that includes the
44	44	applicant's wage and benefit information for the position.
45	45	Sec. 24.003. PROHIBITION AGAINST DISCRIMINATION IN WAGES.
46	46	(a) For purposes of this section, "business necessity" means an
47	47	overriding legitimate business purpose such that the factor relied
48	48	upon in determining wage differential effectively fulfills the
49	49	business purpose the factor is intended to serve.
50	50	(b) An employer commits an unlawful employment practice in
51	51	violation of this chapter and Chapter 21 if the employer
52	52	discriminates among employees on the basis of sex by paying wages to
53	53	an employee at a rate less than the rate at which the employer pays
54	54	wages to another employee of the opposite sex for the same or
55	55	substantially similar work on jobs, the performance of which
56	56	requires equal or substantially similar skill, effort, and
57	57	responsibility, and which are performed under similar working
58	58	conditions, except where the payment is made under one of the
59	59	following factors:
60	60	(1) a seniority system;
61	61	(2) a merit system;
62	62	(3) a system that measures earnings by quantity or
63	63	quality of production; or
64	64	(4) a differential based on a bona fide factor other
65	65	than sex.
66	66	(c) A seniority system described by Subsection (b)(1) may
67	67	not deduct from the employee's service time any leave that the
68	68	employee took under the Family and Medical Leave Act (29 U.S.C.
69	69	Section 2601 et seq.) or other applicable family or medical leave to
70	70	which the employee is entitled.
71	71	(d) The exception provided by Subsection (b)(4) applies
72	72	only if the employer demonstrates that the factor:
73	73	(1) is not based on or derived from a differential
74	74	based on sex in compensation;
75	75	(2) is related to the position in question; and
76	76	(3) is consistent with business necessity.
77	77	(e) An employer may not enter into an agreement with an
78	78	employee that provides that the employer may pay the employee a wage
79	79	at a rate that is in violation of this section.
80	80	Sec. 24.004. OTHER PROHIBITED ACTS. (a) An employer
81	81	commits an unlawful employment practice in violation of this
82	82	chapter and Chapter 21 if the employer:
83	83	(1) takes an adverse action or otherwise discriminates
84	84	against a person because the person has:
85	85	(A) opposed an act or practice made unlawful by
86	86	this chapter;
87	87	(B) sought to enforce rights protected under this
88	88	chapter; or
89	89	(C) testified, assisted, or participated in any
90	90	manner in an investigation, hearing, or other proceeding to enforce
91	91	this chapter; or
92	92	(2) discharges or in any other manner discriminates
93	93	against, coerces, intimidates, threatens, or interferes with an
94	94	employee or other person because the person:
95	95	(A) inquired about, disclosed, compared, or
96	96	otherwise discussed an employee's wages; or
97	97	(B) exercised or enjoyed, or aided or encouraged
98	98	another person to exercise or enjoy, any right granted or protected
99	99	by this chapter.
100	100	(b) This section does not require an employee to disclose
101	101	the employee's wages.
102	102	(c) An employer may prohibit a human resources employee
103	103	whose job responsibilities require access to the compensation
104	104	information of other employees from disclosing that information
105	105	without the written consent of the employee who is the subject of
106	106	the information. This subsection does not apply to compensation
107	107	information that is subject to disclosure under Chapter 552,
108	108	Government Code.
109	109	Sec. 24.005. NOTICE BY EMPLOYER REQUIRED. Each employer
110	110	shall post in conspicuous places on the premises of the employer
111	111	where notices to employees and applicants for employment are
112	112	customarily posted a notice, prepared or approved by the
113	113	commission, setting forth the pertinent provisions of this chapter
114	114	and information relating to the enforcement of this chapter.
115	115	Sec. 24.006. COMPLAINT; ENFORCEMENT. (a) A person
116	116	aggrieved by an unlawful employment practice under this chapter may
117	117	file a complaint with the commission. A complaint filed under this
118	118	section is subject to Subchapters E and F, Chapter 21.
119	119	(b) The commission shall enforce this chapter in accordance
120	120	with Chapter 21.
121	121	Sec. 24.007. EMPLOYER SELF-EVALUATION; AFFIRMATIVE
122	122	DEFENSE. (a) An employer is encouraged to periodically perform a
123	123	self-evaluation of the employer's business practices and
124	124	compensation to ensure that the employer is in compliance with this
125	125	chapter.
126	126	(b) In a civil action filed under Subchapter F, Chapter 21,
127	127	by a person aggrieved by an unlawful employment practice under this
128	128	chapter, it is an affirmative defense to liability for compensatory
129	129	or punitive damages under Section 21.2585 that:
130	130	(1) the employer performed a self-evaluation of the
131	131	employer's business practices and compensation in the three-year
132	132	period preceding the date of the conduct that is the basis of the
133	133	complaint; and
134	134	(2) the employer has in good faith demonstrated that,
135	135	following the date of the evaluation under Subdivision (1), the
136	136	employer has made reasonable progress toward eliminating
137	137	compensation differentials based on sex.
138	138	(c) This section does not require an employer to perform a
139	139	self-evaluation or subject an employer to any penalty for failing
140	140	to perform a self-evaluation.
141	141	Sec. 24.008. TASK FORCE. (a) The task force on wage
142	142	disparity is created and is composed of the following 15 members:
143	143	(1) the member of the commission who represents labor,
144	144	or the member's designee, to serve as presiding officer;
145	145	(2) the attorney general or the attorney general's
146	146	designee;
147	147	(3) three members of the house of representatives,
148	148	appointed by the speaker of the house of representatives;
149	149	(4) three members of the senate, appointed by the
150	150	lieutenant governor; and
151	151	(5) seven public members, appointed by the governor:
152	152	(A) one of whom represents employers;
153	153	(B) two of whom have experience in the field of
154	154	gender economics;
155	155	(C) one of whom represents organized labor; and
156	156	(D) three of whom represent women's advocacy
157	157	groups or associations.
158	158	(b) The task force shall investigate, analyze, and study the
159	159	factors, causes, and impact of wage disparity based on gender.
160	160	(c) Not later than January 1 of each odd-numbered year, the
161	161	task force shall submit to the legislature recommendations to
162	162	reduce wage disparity based on gender, including any proposed
163	163	legislation.
164	164	(d) Members of the task force serve without compensation and
165	165	may not be reimbursed for travel or other expenses incurred while
166	166	conducting the business of the task force.
167	167	(e) The commission shall provide administrative support to
168	168	the task force, including necessary staff and meeting facilities.
169	169	(f) The task force is abolished and this section expires
170	170	September 1, 2025.
171	171	SECTION 3. The changes in law made by this Act apply only to
172	172	an unlawful employment practice with regard to discrimination in
173	173	payment of compensation that occurs on or after January 1, 2020.
174	174	SECTION 4. This Act takes effect January 1, 2020.