Texas 2019 - 86th Regular

Texas House Bill HB618 Compare Versions

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

Old	New	Differences
1	1	86R4217 JSC-D
2	2	By: Neave H.B. No. 618
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition of certain required nondisclosure and
8	8	arbitration agreements.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended
11	11	by adding Section 21.0605 to read as follows:
12	12	Sec. 21.0605. REQUIRING NONDISCLOSURE OR ARBITRATION
13	13	AGREEMENT. An employer commits an unlawful employment practice if
14	14	the employer fails or refuses to hire, discharges, harasses, or in
15	15	any other manner discriminates against an individual in connection
16	16	with compensation, terms, conditions, or privileges of employment
17	17	because the individual refuses to sign an agreement prohibited
18	18	under Chapter 25.
19	19	SECTION 2. Subtitle A, Title 2, Labor Code, is amended by
20	20	adding Chapter 25 to read as follows:
21	21	CHAPTER 25. CERTAIN NONDISCLOSURE AND ARBITRATION AGREEMENTS
22	22	PROHIBITED
23	23	Sec. 25.001. DEFINITIONS. For the purposes of this
24	24	chapter:
25	25	(1) "Sexual assault" means conduct described by
26	26	Section 22.011 or 22.021, Penal Code.
27	27	(2) "Sexual harassment" means an unwelcome sexual
28	28	advance, a request for a sexual favor, or any other verbal or
29	29	physical conduct of a sexual nature if:
30	30	(A) submission to the advance, request, or
31	31	conduct is made a term or condition of an individual's employment,
32	32	either explicitly or implicitly;
33	33	(B) submission to or rejection of the advance,
34	34	request, or conduct by an individual is used as the basis for an
35	35	employment decision;
36	36	(C) the advance, request, or conduct has the
37	37	purpose or effect of unreasonably interfering with an individual's
38	38	work performance; or
39	39	(D) the advance, request, or conduct has the
40	40	purpose or effect of creating an intimidating, hostile, or
41	41	offensive working environment.
42	42	Sec. 25.002. CERTAIN AGREEMENTS PROHIBITING REPORTING OR
43	43	DISCLOSURE OF SEXUAL ASSAULT OR SEXUAL HARASSMENT VOID AND
44	44	UNENFORCEABLE. A nondisclosure or confidentiality agreement or
45	45	other agreement between an employer and an employee is void and
46	46	unenforceable as against the public policy of this state to the
47	47	extent the agreement:
48	48	(1) prohibits the employee from notifying, or limits
49	49	the employee's ability to notify, a local or state law enforcement
50	50	agency or any state or federal regulatory agency of sexual assault
51	51	or sexual harassment committed by an employee of the employer or at
52	52	the employee's place of employment; or
53	53	(2) prohibits an employee from disclosing to any
54	54	person, including during any related investigation, prosecution,
55	55	legal proceeding, or dispute resolution, facts surrounding any
56	56	sexual assault or sexual harassment committed by an employee of the
57	57	employer or at the employee's place of employment, including the
58	58	identity of the alleged offender.
59	59	Sec. 25.003. MANDATORY ARBITRATION AGREEMENT COVERING
60	60	DISPUTE INVOLVING ALLEGATION OF SEXUAL ASSAULT OR SEXUAL HARASSMENT
61	61	VOID AND UNENFORCEABLE. A mandatory arbitration agreement between
62	62	an employer and an employee is void and unenforceable as against the
63	63	public policy of this state to the extent the agreement imposes
64	64	mandatory arbitration of a dispute involving an allegation of
65	65	sexual assault or sexual harassment.
66	66	SECTION 3. (a) The change in law made by this Act by the
67	67	enactment of Section 21.0605, Labor Code, applies only to an
68	68	unlawful employment practice that occurs on or after the effective
69	69	date of this Act.
70	70	(b) The change in law made by this Act by the enactment of
71	71	Chapter 25, Labor Code, applies to an agreement entered into
72	72	before, on, or after the effective date of this Act.
73	73	SECTION 4. This Act takes effect September 1, 2019.