Texas 2021 - 87th Regular

Texas House Bill HB360 Compare Versions

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

Old	New	Differences
1	1	87R1085 JSC-D
2	2	By: Sherman, Sr. H.B. No. 360
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition on certain discrimination in employment
8	8	compensation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 21, Labor Code, is amended
11	11	by adding Section 21.1061 to read as follows:
12	12	Sec. 21.1061. SEX DISCRIMINATION IN COMPENSATION. For
13	13	purposes of this chapter, a violation of Chapter 24 is considered to
14	14	be discrimination on the basis of sex and is enforceable under this
15	15	chapter.
16	16	SECTION 2. Subtitle A, Title 2, Labor Code, is amended by
17	17	adding Chapter 24 to read as follows:
18	18	CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION
19	19	Sec. 24.001. DEFINITIONS. In this chapter:
20	20	(1) "Applicant" means a person who:
21	21	(A) has made an oral or written application with
22	22	an employer, or has sent a resume or other correspondence to an
23	23	employer, indicating an interest in employment; and
24	24	(B) is not currently employed by that employer in
25	25	any capacity.
26	26	(2) "Commission" means the Texas Workforce
27	27	Commission.
28	28	(3) "Employee" and "employer" have the meanings
29	29	assigned by Section 21.002.
30	30	(4) "Wages" has the meaning assigned by Section
31	31	61.001.
32	32	(5) "Wage history information" means information on an
33	33	applicant or employee's previous wages.
34	34	Sec. 24.002. EMPLOYER INQUIRY INTO AND CONSIDERATION OF
35	35	WAGE HISTORY INFORMATION. (a) An employer commits an unlawful
36	36	employment practice if the employer:
37	37	(1) includes a question regarding an applicant's wage
38	38	history information on an employment application form;
39	39	(2) inquires into an applicant's wage history
40	40	information;
41	41	(3) considers an applicant's wage history information
42	42	in determining:
43	43	(A) whether to hire the applicant; or
44	44	(B) the wages to be paid to the applicant; or
45	45	(4) obtains an applicant's wage history information
46	46	from a previous employer of the applicant or other source, unless
47	47	the wages in that previous employment position are subject to
48	48	disclosure under Chapter 552, Government Code.
49	49	(b) Notwithstanding Subsection (a)(3)(B), if an applicant
50	50	voluntarily discloses the applicant's wage history information to
51	51	an employer, the employer may consider that information in
52	52	determining the applicant's wages.
53	53	(c) This section does not prohibit an employer from asking
54	54	an applicant regarding the applicant's expectation of wages for the
55	55	prospective employment position.
56	56	Sec. 24.003. EMPLOYER PROVISION OF PAY SCALE. On
57	57	reasonable request following an initial interview, an employer
58	58	shall provide to an applicant a pay scale for the employment
59	59	position for which the applicant is applying.
60	60	Sec. 24.004. PROHIBITION AGAINST DISCRIMINATION IN WAGES.
61	61	(a) For purposes of this section, "business necessity" means an
62	62	overriding legitimate business purpose such that the factor relied
63	63	upon in determining a wage differential effectively fulfills the
64	64	business purpose the factor is intended to serve.
65	65	(b) An employer commits an unlawful employment practice if
66	66	the employer discriminates among employees on the basis of sex by
67	67	paying wages to an employee at a rate less than the rate at which the
68	68	employer pays wages to another employee of the opposite sex for the
69	69	same or substantially similar work on jobs, the performance of
70	70	which requires equal or substantially similar skill, effort, and
71	71	responsibility, and which are performed under similar working
72	72	conditions, except where the payment is made under one of the
73	73	following factors:
74	74	(1) a seniority system;
75	75	(2) a merit system;
76	76	(3) a system that measures earnings by quantity or
77	77	quality of production; or
78	78	(4) a differential based on a bona fide factor other
79	79	than sex.
80	80	(c) The exception provided by Subsection (b)(4) applies
81	81	only if the employer demonstrates that the factor:
82	82	(1) is not based on or derived from a differential
83	83	based on sex in compensation;
84	84	(2) is related to the position in question; and
85	85	(3) is consistent with business necessity.
86	86	(d) An employer may not enter into an agreement with an
87	87	employee that provides that the employer may pay the employee a wage
88	88	at a rate that is in violation of this section.
89	89	(e) An employer may not justify a wage differential based on
90	90	wage history.
91	91	(f) An unlawful employment practice occurs each time:
92	92	(1) a discriminatory compensation decision or other
93	93	practice is adopted;
94	94	(2) an individual becomes subject to a discriminatory
95	95	compensation decision or other practice; or
96	96	(3) an individual is adversely affected by application
97	97	of a discriminatory compensation decision or other practice,
98	98	including each time wages affected wholly or partly by the decision
99	99	or other practice are paid.
100	100	Sec. 24.005. OTHER PROHIBITED ACTS. (a) An employer
101	101	commits an unlawful employment practice if the employer:
102	102	(1) takes an adverse action or otherwise discriminates
103	103	against a person because the person has:
104	104	(A) opposed an act or practice made unlawful by
105	105	this chapter;
106	106	(B) sought to enforce rights protected under this
107	107	chapter; or
108	108	(C) testified, assisted, or participated in any
109	109	manner in an investigation, hearing, or other proceeding to enforce
110	110	this chapter; or
111	111	(2) discharges or in any other manner discriminates
112	112	against, coerces, intimidates, threatens, or interferes with an
113	113	employee, applicant, or other person because the person:
114	114	(A) inquired about, disclosed, compared, or
115	115	otherwise discussed an employee's wages or an applicant's
116	116	prospective wages; or
117	117	(B) exercised or enjoyed, or aided or encouraged
118	118	another person to exercise or enjoy, any right granted or protected
119	119	by this chapter.
120	120	(b) This section does not require an employee to disclose
121	121	the employee's wages or an applicant to disclose the applicant's
122	122	prospective wages.
123	123	(c) An employer may prohibit a human resources employee
124	124	whose job responsibilities require access to the compensation
125	125	information of other employees from disclosing that information
126	126	without the written consent of the employee who is the subject of
127	127	the information. This subsection does not apply to compensation
128	128	information that is subject to disclosure under Chapter 552,
129	129	Government Code.
130	130	Sec. 24.006. EMPLOYER RECORDS. Each employer shall compile
131	131	and maintain for a period of at least three years records that
132	132	contain:
133	133	(1) the wages paid to each employee;
134	134	(2) the method, system, computations, and other
135	135	factors used to establish, adjust, and determine the wage rates
136	136	paid to the employee; and
137	137	(3) any other conditions of employment.
138	138	Sec. 24.007. COMPLAINT; ENFORCEMENT. (a) A person
139	139	aggrieved by an unlawful employment practice under this chapter may
140	140	file a complaint with the commission or file a civil action in the
141	141	manner prescribed by Chapter 21 for violations of that chapter.
142	142	(b) Liability may accrue, and an aggrieved person may obtain
143	143	relief as provided by Chapter 21, including recovery of back pay for
144	144	the period allowed under Section 21.258, if the unlawful employment
145	145	practices that have occurred during the period for filing a
146	146	complaint are similar or related to unlawful employment practices
147	147	with regard to discrimination in payment of compensation that
148	148	occurred outside the period for filing a complaint.
149	149	(c) The commission shall enforce this chapter in accordance
150	150	with Chapter 21.
151	151	SECTION 3. The changes in law made by this Act apply only to
152	152	an unlawful employment practice that occurs on or after January 1,
153	153	2022.
154	154	SECTION 4. This Act takes effect January 1, 2022.