86R2977 KSD-D
By: Calanni H.B. No. 3847
A BILL TO BE ENTITLED
AN ACT
relating to requiring reasonable workplace accommodations for and
prohibiting discrimination against employees or applicants for
employment with limitations related to pregnancy, childbirth, or a
related medical condition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 21, Labor Code, is amended
by adding Section 21.1285 to read as follows:
Sec. 21.1285. REASONABLE WORKPLACE ACCOMMODATION FOR
PERSONS WITH LIMITATIONS RELATED TO PREGNANCY, CHILDBIRTH, OR
RELATED MEDICAL CONDITION; GOOD FAITH EFFORT. (a) This section
applies only to an employee or applicant for employment who has a
known limitation related to pregnancy, childbirth, or a related
medical condition.
(b) It is an unlawful employment practice for a respondent
covered under this chapter to:
(1) fail or refuse to make a reasonable workplace
accommodation to a known limitation of an individual described by
Subsection (a), unless the respondent demonstrates that the
workplace accommodation would impose an undue hardship on the
operation of the business of the respondent;
(2) take retaliatory personnel action or otherwise
discriminate against an employee because the employee:
(A) requests or uses a workplace accommodation in
accordance with this section; or
(B) files a complaint with the commission
alleging the employer's violation of this section;
(3) deny an employment opportunity to an individual
described by Subsection (a) if the denial is based on the need of
the respondent to make a reasonable workplace accommodation to the
known limitation of the individual described by that subsection;
(4) require an individual described by Subsection (a)
to accept a workplace accommodation that the individual chooses not
to accept; or
(5) require an individual described by Subsection (a)
who is an employee to take leave under leave law or a policy of the
respondent if it was possible to provide another reasonable
workplace accommodation to the employee.
(c) An employer shall engage in a timely, good faith, and
interactive process with an individual described by Subsection (a)
to determine an effective reasonable workplace accommodation.
(d) For purposes of this section, a reasonable workplace
accommodation may include:
(1) providing the employee more frequent or longer
breaks;
(2) providing the employee time off to recover from
childbirth;
(3) acquiring or modifying equipment;
(4) allowing the employee to perform job functions
while seated;
(5) temporarily transferring the employee to a less
strenuous or hazardous position;
(6) restructuring the employee's job;
(7) assigning the employee to light duty;
(8) providing the employee adequate break time and
private space in a location other than a bathroom for expressing
breast milk;
(9) assisting the employee with manual labor; and
(10) modifying the employee's work schedule.
(e) This section does not require an employer to:
(1) create additional employment positions that the
employer would not have otherwise created, unless the employer does
so or would do so for other classes of employees who need workplace
accommodation; or
(2) discharge any employee, transfer any employee with
more seniority, or promote any employee who is not qualified to
perform the job, unless the employer does so or would do so to
accommodate other classes of employees who need workplace
accommodation.
(f) A respondent who raises the defense of undue hardship
bears the burden of establishing that an undue hardship exists in
relation to:
(1) the nature and cost of the workplace
accommodation;
(2) the overall financial resources of the employer;
(3) the effect on expenses and resources or any other
impact of the workplace accommodation on the operation of the
employer; and
(4) the overall size of the business of the employer
with respect to the number of employees and the number, type, and
location of its facilities.
(g) Each employer shall inform its employees of their rights
under this section by:
(1) posting a conspicuous sign in a prominent location
in the employer's workplace; and
(2) providing written notice to each employee:
(A) on the employee's hire; and
(B) not later than the 10th day after the date the
employee informs the employer that the employee is pregnant.
(h) The commission shall develop courses of instruction and
conduct ongoing public education efforts as necessary to inform
employers, employees, employment agencies, and job applicants
about their respective rights and duties under this section.
(i) This section does not diminish the employment
protection for pregnancy, childbirth, or a medical condition
related to pregnancy or childbirth provided under any other
provision of this chapter or other law.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, the change in law made by this Act applies only to a claim
of discrimination based on conduct that occurs on or after the
effective date of this Act. A claim of discrimination that is based
on conduct that occurs before the effective date of this Act is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose.
(b) The change in law made by Section 21.1285(g)(2)(A),
Labor Code, as added by this Act, requiring an employer to provide
written notice of an employee's rights under Section 21.1285, Labor
Code, as added by this Act, at the time the employee is hired,
applies to an employee hired on or after the effective date of this
Act. For an employee hired before that date, the employer must give
the written notice required by that section to the employee before
December 1, 2019.
SECTION 3. This Act takes effect September 1, 2019.