Texas 2021 - 87th Regular

Texas House Bill HB2507 Compare Versions

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

Old	New	Differences
1	1	87R677 JSC-D
2	2	By: Thompson of Harris H.B. No. 2507
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to unlawful employment practices with respect to
8	8	compensation and wage history.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.202, Labor Code, is amended by
11	11	amending Subsection (a) and adding Subsection (a-1) to read as
12	12	follows:
13	13	(a) Except as otherwise provided by Subsection (a-1), a [A]
14	14	complaint under this subchapter must be filed not later than the
15	15	180th day after the date the alleged unlawful employment practice
16	16	occurred.
17	17	(a-1) With respect to an allegation of discrimination in
18	18	payment of compensation in violation of this chapter, an unlawful
19	19	employment practice occurs each time:
20	20	(1) a discriminatory compensation decision or other
21	21	discriminatory practice affecting compensation is adopted;
22	22	(2) an individual becomes subject to a discriminatory
23	23	compensation decision or other discriminatory practice affecting
24	24	compensation; or
25	25	(3) an individual is adversely affected by application
26	26	of a discriminatory compensation decision or other discriminatory
27	27	practice affecting compensation, including each time wages
28	28	affected wholly or partly by the decision or other practice are
29	29	paid.
30	30	SECTION 2. Section 21.258, Labor Code, is amended by adding
31	31	Subsection (d) to read as follows:
32	32	(d) Liability may accrue, and an aggrieved person may obtain
33	33	relief as provided by this subchapter, including recovery of back
34	34	pay for the period allowed under this section, if the unlawful
35	35	employment practices that have occurred during the period for
36	36	filing a complaint are similar or related to unlawful employment
37	37	practices with regard to discrimination in payment of compensation
38	38	that occurred outside the period for filing a complaint.
39	39	SECTION 3. Subtitle A, Title 2, Labor Code, is amended by
40	40	adding Chapter 24 to read as follows:
41	41	CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION
42	42	Sec. 24.001. DEFINITIONS. In this chapter:
43	43	(1) "Applicant" means a person who has made an oral or
44	44	written application with an employer, or has sent a resume or other
45	45	correspondence to an employer, indicating an interest in
46	46	employment.
47	47	(2) "Commission" means the Texas Workforce
48	48	Commission.
49	49	(3) "Employee" and "employer" have the meanings
50	50	assigned by Section 21.002.
51	51	(4) "Wages" has the meaning assigned by Section
52	52	61.001.
53	53	Sec. 24.002. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF
54	54	WAGE HISTORY INFORMATION. An employer commits an unlawful
55	55	employment practice in violation of this chapter and Chapter 21 if
56	56	the employer:
57	57	(1) verbally or in writing inquires into an
58	58	applicant's wage history information from the applicant or from a
59	59	previous employer of the applicant; or
60	60	(2) requires disclosure of an applicant's wage history
61	61	information as a condition of employment.
62	62	Sec. 24.003. EMPLOYER ACTIONS REGARDING WAGE DISCLOSURE BY
63	63	EMPLOYEE OR APPLICANT. (a) An employer commits an unlawful
64	64	employment practice in violation of this chapter and Chapter 21 if
65	65	the employer discharges or in any other manner discriminates
66	66	against, coerces, intimidates, threatens, or interferes with an
67	67	employee, applicant, or other person because the person inquired
68	68	about, disclosed, compared, or otherwise discussed an employee's
69	69	wages or an applicant's prospective wages.
70	70	(b) This section does not require an employee to disclose
71	71	the employee's wages or an applicant to disclose the applicant's
72	72	prospective wages.
73	73	Sec. 24.004. COMPLAINT; ENFORCEMENT. (a) A person
74	74	aggrieved by an unlawful employment practice under this chapter may
75	75	file a complaint with the commission. A complaint filed under this
76	76	section is subject to Subchapters E and F, Chapter 21.
77	77	(b) The commission shall enforce this chapter in accordance
78	78	with Chapter 21.
79	79	SECTION 4. (a) Sections 21.202 and 21.258, Labor Code, as
80	80	amended by this Act, apply only to a discriminatory compensation
81	81	decision or other discriminatory practice affecting compensation
82	82	that occurs on or after the effective date of this Act.
83	83	(b) Chapter 24, Labor Code, as added by this Act, applies
84	84	only to an unlawful employment practice that occurs on or after
85	85	January 1, 2022.
86	86	SECTION 5. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2021.