Texas 2019 - 86th Regular

Texas Senate Bill SB2515 Compare Versions

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

Old	New	Differences
1	1	86R22064 JSC-F
2	2	By: Menéndez S.B. No. 2515
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting certain employment agreements relating to
8	8	sexual harassment and to settlement agreements regarding a claim of
9	9	sexual harassment.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
12	12	adding Chapter 25 to read as follows:
13	13	CHAPTER 25. AGREEMENTS RELATING TO SEXUAL HARASSMENT
14	14	Sec. 25.001. DEFINITIONS. In this chapter:
15	15	(1) "Employer" means a person who provides
16	16	compensation to workers for the performance of work or a service or
17	17	otherwise enters into an agreement with workers for the performance
18	18	of work or a service.
19	19	(2) "Sexual harassment" means an unwelcome sexual
20	20	advance, a request for a sexual favor, or any other verbal or
21	21	physical conduct of a sexual nature if:
22	22	(A) submission to the advance, request, or
23	23	conduct is made a term or condition of an individual's employment or
24	24	performance of work or a service, either explicitly or implicitly;
25	25	(B) submission to or rejection of the advance,
26	26	request, or conduct by an individual is used as the basis for a
27	27	decision affecting employment or performance of work or a service;
28	28	(C) the advance, request, or conduct has the
29	29	purpose or effect of unreasonably interfering with an individual's
30	30	work performance; or
31	31	(D) the advance, request, or conduct has the
32	32	purpose or effect of creating an intimidating, hostile, or
33	33	offensive working environment.
34	34	(3) "Worker" means a person who is hired or otherwise
35	35	agrees to perform work or a service for an employer, with or without
36	36	compensation. The term includes an employee or other person who
37	37	performs work or a service as an independent contractor, unpaid
38	38	intern, or volunteer.
39	39	Sec. 25.002. WAIVER OF RIGHTS. An employer may not require
40	40	a worker or prospective worker as a condition of employment or of an
41	41	agreement for performance of work or a service to waive any
42	42	substantive or procedural right or remedy with respect to a claim of
43	43	sexual harassment.
44	44	Sec. 25.003. NONDISCLOSURE AGREEMENT. An employer may not
45	45	require a worker or prospective worker as a condition of employment
46	46	or of an agreement for performance of work or a service to enter
47	47	into any confidentiality or nondisclosure agreement to the extent
48	48	that the agreement:
49	49	(1) prohibits the worker from notifying, or limits the
50	50	worker's ability to notify, a local or state law enforcement agency
51	51	or any state or federal regulatory agency of an incident of sexual
52	52	harassment; or
53	53	(2) prohibits the worker from:
54	54	(A) participating in an investigation of an
55	55	incident of sexual harassment; or
56	56	(B) disclosing to any person, including during
57	57	any related investigation, prosecution, legal proceeding, or
58	58	dispute resolution, facts surrounding any incident of sexual
59	59	harassment.
60	60	Sec. 25.004. MANDATORY ARBITRATION AGREEMENT. An employer
61	61	may not require a worker or prospective worker as a condition of
62	62	employment or of an agreement for the performance of work or a
63	63	service to enter into any mandatory arbitration agreement to the
64	64	extent that the agreement imposes mandatory arbitration of a
65	65	dispute involving an allegation of sexual harassment.
66	66	Sec. 25.005. VOID AND UNENFORCEABLE. (a) An agreement
67	67	described by Section 25.002, 25.003, or 25.004 is void and
68	68	unenforceable as against the public policy of this state.
69	69	(b) Any provision of a workplace document, including an
70	70	employee handbook, an offer of employment, or other agreement, that
71	71	violates Section 25.002, 25.003, or 25.004 is void and
72	72	unenforceable as against the public policy of this state.
73	73	Sec. 25.006. SETTLEMENT AGREEMENTS. (a) This section
74	74	applies to a settlement agreement related to a claim filed in a
75	75	civil action or a complaint filed in an administrative action
76	76	involving an incident of sexual harassment.
77	77	(b) A settlement agreement described by this section:
78	78	(1) must clearly describe the circumstances under
79	79	which the claimant may disclose information regarding the
80	80	allegations or settlement; and
81	81	(2) may not prohibit the claimant from the performance
82	82	of work or a service for the employer or any parent company,
83	83	subsidiary, division, or affiliate of the employer.
84	84	SECTION 2. (a) Sections 25.002, 25.003, 22.004, and
85	85	22.005, Labor Code, as added by this Act, apply to an agreement,
86	86	regardless of whether the agreement was entered into before, on, or
87	87	after the effective date of this Act.
88	88	(b) Section 25.006, Labor Code, as added by this Act,
89	89	applies only to a settlement agreement entered into on or after the
90	90	effective date of this Act.
91	91	SECTION 3. This Act takes effect September 1, 2019.