Texas 2021 - 87th Regular

Texas House Bill HB419 Compare Versions

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

Old	New	Differences
1	1	87R1037 JSC-D
2	2	By: Sherman, Sr. H.B. No. 419
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain unlawful employment practices regarding
8	8	compensation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
11	11	adding Chapter 24 to read as follows:
12	12	CHAPTER 24. UNLAWFUL EMPLOYMENT PRACTICES REGARDING COMPENSATION
13	13	Sec. 24.001. DEFINITIONS. In this chapter:
14	14	(1) "Applicant" means a person who has made an oral or
15	15	written application with an employer, or has sent a resume or other
16	16	correspondence to an employer, indicating an interest in
17	17	employment.
18	18	(2) "Commission" means the Texas Workforce
19	19	Commission.
20	20	(3) "Employee" and "employer" have the meanings
21	21	assigned by Section 21.002.
22	22	(4) "Wage history information" means information on
23	23	wages paid by previous employers.
24	24	(5) "Wages" has the meaning assigned by Section
25	25	61.001.
26	26	Sec. 24.002. EMPLOYER INQUIRY INTO AND CONSIDERATION OF
27	27	WAGE HISTORY INFORMATION. (a) An employer commits an unlawful
28	28	employment practice in violation of this chapter if the employer:
29	29	(1) relies on an applicant's or employee's wage
30	30	history information in determining:
31	31	(A) whether to hire the applicant;
32	32	(B) the wages to be paid to the applicant or
33	33	employee;
34	34	(C) whether to continue to employ the employee;
35	35	or
36	36	(D) whether to promote the employee;
37	37	(2) seeks, requests, or requires an applicant's or
38	38	employee's wage history information as a condition of:
39	39	(A) an applicant being interviewed or receiving
40	40	an offer of employment; or
41	41	(B) a current employee's continued employment or
42	42	promotion;
43	43	(3) seeks, requests, or requires an applicant's or
44	44	employee's wage history information from a previous employer of the
45	45	applicant or employee or other source, unless the wages in that
46	46	previous employment position are subject to disclosure under
47	47	Chapter 552, Government Code;
48	48	(4) refuses to interview, hire, promote, or otherwise
49	49	employ, or retaliates against, an applicant or employee based on
50	50	wage history information; or
51	51	(5) refuses to interview, hire, promote, or otherwise
52	52	employ, or retaliates against, an applicant or employee who did not
53	53	provide wage history information.
54	54	(b) Notwithstanding Subsection (a)(1)(B), if an applicant
55	55	or employee voluntarily discloses the applicant's or employee's
56	56	wage history information to an employer, the employer may consider
57	57	that information in determining the applicant's or employee's
58	58	wages.
59	59	(c) An employer may confirm wage history information if at
60	60	the time an offer of employment with compensation is made, the
61	61	applicant or employee responds to the offer by providing wage
62	62	history information to support a wage higher than that offered by
63	63	the employer.
64	64	Sec. 24.003. RETALIATION PROHIBITED. An employer commits
65	65	an unlawful employment practice in violation of this chapter if the
66	66	employer takes an adverse action or otherwise discriminates against
67	67	a person because the person has:
68	68	(1) filed a complaint with the commission alleging the
69	69	employer's violation of this chapter;
70	70	(2) opposed an act or practice made unlawful by this
71	71	chapter;
72	72	(3) sought to enforce rights protected under this
73	73	chapter; or
74	74	(4) testified, assisted, or participated in any manner
75	75	in an investigation, hearing, or other proceeding to enforce this
76	76	chapter.
77	77	Sec. 24.004. LIMITATIONS OF CHAPTER. (a) This chapter does
78	78	not diminish the rights, privileges, or remedies of an applicant or
79	79	current or former employee under:
80	80	(1) any other law or rule; or
81	81	(2) a collective bargaining agreement or employment
82	82	contract.
83	83	(b) This chapter does not affect any federal, state, or
84	84	local law that requires the disclosure or verification of wage
85	85	history information.
86	86	Sec. 24.005. COMPLAINT; ENFORCEMENT. (a) A person
87	87	aggrieved by an unlawful employment practice under this chapter may
88	88	file a complaint with the commission in the manner provided under
89	89	Chapter 21. A complaint filed under this section is subject to
90	90	Subchapters E and F, Chapter 21.
91	91	(b) The commission shall enforce this chapter in accordance
92	92	with Chapter 21.
93	93	Sec. 24.006. CIVIL ACTION BY APPLICANT OR EMPLOYEE. (a) An
94	94	applicant or employee aggrieved by a violation of this chapter may
95	95	bring a civil action to enforce rights protected by this chapter,
96	96	including an action for appropriate injunctive relief, in the
97	97	district court in the county in which the alleged violation
98	98	occurred or in which the alleged violator's residence or principal
99	99	place of business is located.
100	100	(b) The prospective employer of an applicant or the employer
101	101	of an employee who prevails in a civil action under this section is
102	102	liable to the affected applicant or employee for damages sustained
103	103	as a result of the violation.
104	104	(c) In addition to any judgment awarded to a plaintiff who
105	105	prevails in a civil action brought under this section, the court may
106	106	award injunctive relief or require the employer to pay reasonable
107	107	attorney's fees and other costs.
108	108	Sec. 24.007. INFORMATION FROM AND OUTREACH BY COMMISSION.
109	109	(a) The commission shall make available to the public on the
110	110	commission's Internet website information regarding the
111	111	requirements of and the rights and remedies under this chapter.
112	112	(b) The commission may conduct additional outreach efforts
113	113	to inform employers about this chapter.
114	114	SECTION 2. The changes in law made by this Act apply only to
115	115	an unlawful employment practice that occurs on or after January 1,
116	116	2022.
117	117	SECTION 3. This Act takes effect January 1, 2022.