Texas 2019 - 86th Regular

Texas House Bill HB3847 Compare Versions

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

Old	New	Differences
1	1	86R2977 KSD-D
2	2	By: Calanni H.B. No. 3847
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring reasonable workplace accommodations for and
8	8	prohibiting discrimination against employees or applicants for
9	9	employment with limitations related to pregnancy, childbirth, or a
10	10	related medical condition.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 21, Labor Code, is amended
13	13	by adding Section 21.1285 to read as follows:
14	14	Sec. 21.1285. REASONABLE WORKPLACE ACCOMMODATION FOR
15	15	PERSONS WITH LIMITATIONS RELATED TO PREGNANCY, CHILDBIRTH, OR
16	16	RELATED MEDICAL CONDITION; GOOD FAITH EFFORT. (a) This section
17	17	applies only to an employee or applicant for employment who has a
18	18	known limitation related to pregnancy, childbirth, or a related
19	19	medical condition.
20	20	(b) It is an unlawful employment practice for a respondent
21	21	covered under this chapter to:
22	22	(1) fail or refuse to make a reasonable workplace
23	23	accommodation to a known limitation of an individual described by
24	24	Subsection (a), unless the respondent demonstrates that the
25	25	workplace accommodation would impose an undue hardship on the
26	26	operation of the business of the respondent;
27	27	(2) take retaliatory personnel action or otherwise
28	28	discriminate against an employee because the employee:
29	29	(A) requests or uses a workplace accommodation in
30	30	accordance with this section; or
31	31	(B) files a complaint with the commission
32	32	alleging the employer's violation of this section;
33	33	(3) deny an employment opportunity to an individual
34	34	described by Subsection (a) if the denial is based on the need of
35	35	the respondent to make a reasonable workplace accommodation to the
36	36	known limitation of the individual described by that subsection;
37	37	(4) require an individual described by Subsection (a)
38	38	to accept a workplace accommodation that the individual chooses not
39	39	to accept; or
40	40	(5) require an individual described by Subsection (a)
41	41	who is an employee to take leave under leave law or a policy of the
42	42	respondent if it was possible to provide another reasonable
43	43	workplace accommodation to the employee.
44	44	(c) An employer shall engage in a timely, good faith, and
45	45	interactive process with an individual described by Subsection (a)
46	46	to determine an effective reasonable workplace accommodation.
47	47	(d) For purposes of this section, a reasonable workplace
48	48	accommodation may include:
49	49	(1) providing the employee more frequent or longer
50	50	breaks;
51	51	(2) providing the employee time off to recover from
52	52	childbirth;
53	53	(3) acquiring or modifying equipment;
54	54	(4) allowing the employee to perform job functions
55	55	while seated;
56	56	(5) temporarily transferring the employee to a less
57	57	strenuous or hazardous position;
58	58	(6) restructuring the employee's job;
59	59	(7) assigning the employee to light duty;
60	60	(8) providing the employee adequate break time and
61	61	private space in a location other than a bathroom for expressing
62	62	breast milk;
63	63	(9) assisting the employee with manual labor; and
64	64	(10) modifying the employee's work schedule.
65	65	(e) This section does not require an employer to:
66	66	(1) create additional employment positions that the
67	67	employer would not have otherwise created, unless the employer does
68	68	so or would do so for other classes of employees who need workplace
69	69	accommodation; or
70	70	(2) discharge any employee, transfer any employee with
71	71	more seniority, or promote any employee who is not qualified to
72	72	perform the job, unless the employer does so or would do so to
73	73	accommodate other classes of employees who need workplace
74	74	accommodation.
75	75	(f) A respondent who raises the defense of undue hardship
76	76	bears the burden of establishing that an undue hardship exists in
77	77	relation to:
78	78	(1) the nature and cost of the workplace
79	79	accommodation;
80	80	(2) the overall financial resources of the employer;
81	81	(3) the effect on expenses and resources or any other
82	82	impact of the workplace accommodation on the operation of the
83	83	employer; and
84	84	(4) the overall size of the business of the employer
85	85	with respect to the number of employees and the number, type, and
86	86	location of its facilities.
87	87	(g) Each employer shall inform its employees of their rights
88	88	under this section by:
89	89	(1) posting a conspicuous sign in a prominent location
90	90	in the employer's workplace; and
91	91	(2) providing written notice to each employee:
92	92	(A) on the employee's hire; and
93	93	(B) not later than the 10th day after the date the
94	94	employee informs the employer that the employee is pregnant.
95	95	(h) The commission shall develop courses of instruction and
96	96	conduct ongoing public education efforts as necessary to inform
97	97	employers, employees, employment agencies, and job applicants
98	98	about their respective rights and duties under this section.
99	99	(i) This section does not diminish the employment
100	100	protection for pregnancy, childbirth, or a medical condition
101	101	related to pregnancy or childbirth provided under any other
102	102	provision of this chapter or other law.
103	103	SECTION 2. (a) Except as provided by Subsection (b) of this
104	104	section, the change in law made by this Act applies only to a claim
105	105	of discrimination based on conduct that occurs on or after the
106	106	effective date of this Act. A claim of discrimination that is based
107	107	on conduct that occurs before the effective date of this Act is
108	108	governed by the law in effect on the date the conduct occurred, and
109	109	the former law is continued in effect for that purpose.
110	110	(b) The change in law made by Section 21.1285(g)(2)(A),
111	111	Labor Code, as added by this Act, requiring an employer to provide
112	112	written notice of an employee's rights under Section 21.1285, Labor
113	113	Code, as added by this Act, at the time the employee is hired,
114	114	applies to an employee hired on or after the effective date of this
115	115	Act. For an employee hired before that date, the employer must give
116	116	the written notice required by that section to the employee before
117	117	December 1, 2019.
118	118	SECTION 3. This Act takes effect September 1, 2019.