87R1037 JSC-D
By: Sherman, Sr. H.B. No. 419
A BILL TO BE ENTITLED
AN ACT
relating to certain unlawful employment practices regarding
compensation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
adding Chapter 24 to read as follows:
CHAPTER 24. UNLAWFUL EMPLOYMENT PRACTICES REGARDING COMPENSATION
Sec. 24.001. DEFINITIONS. In this chapter:
(1) "Applicant" means a person who has made an oral or
written application with an employer, or has sent a resume or other
correspondence to an employer, indicating an interest in
employment.
(2) "Commission" means the Texas Workforce
Commission.
(3) "Employee" and "employer" have the meanings
assigned by Section 21.002.
(4) "Wage history information" means information on
wages paid by previous employers.
(5) "Wages" has the meaning assigned by Section
61.001.
Sec. 24.002. EMPLOYER INQUIRY INTO AND CONSIDERATION OF
WAGE HISTORY INFORMATION. (a) An employer commits an unlawful
employment practice in violation of this chapter if the employer:
(1) relies on an applicant's or employee's wage
history information in determining:
(A) whether to hire the applicant;
(B) the wages to be paid to the applicant or
employee;
(C) whether to continue to employ the employee;
or
(D) whether to promote the employee;
(2) seeks, requests, or requires an applicant's or
employee's wage history information as a condition of:
(A) an applicant being interviewed or receiving
an offer of employment; or
(B) a current employee's continued employment or
promotion;
(3) seeks, requests, or requires an applicant's or
employee's wage history information from a previous employer of the
applicant or employee or other source, unless the wages in that
previous employment position are subject to disclosure under
Chapter 552, Government Code;
(4) refuses to interview, hire, promote, or otherwise
employ, or retaliates against, an applicant or employee based on
wage history information; or
(5) refuses to interview, hire, promote, or otherwise
employ, or retaliates against, an applicant or employee who did not
provide wage history information.
(b) Notwithstanding Subsection (a)(1)(B), if an applicant
or employee voluntarily discloses the applicant's or employee's
wage history information to an employer, the employer may consider
that information in determining the applicant's or employee's
wages.
(c) An employer may confirm wage history information if at
the time an offer of employment with compensation is made, the
applicant or employee responds to the offer by providing wage
history information to support a wage higher than that offered by
the employer.
Sec. 24.003. RETALIATION PROHIBITED. An employer commits
an unlawful employment practice in violation of this chapter if the
employer takes an adverse action or otherwise discriminates against
a person because the person has:
(1) filed a complaint with the commission alleging the
employer's violation of this chapter;
(2) opposed an act or practice made unlawful by this
chapter;
(3) sought to enforce rights protected under this
chapter; or
(4) testified, assisted, or participated in any manner
in an investigation, hearing, or other proceeding to enforce this
chapter.
Sec. 24.004. LIMITATIONS OF CHAPTER. (a) This chapter does
not diminish the rights, privileges, or remedies of an applicant or
current or former employee under:
(1) any other law or rule; or
(2) a collective bargaining agreement or employment
contract.
(b) This chapter does not affect any federal, state, or
local law that requires the disclosure or verification of wage
history information.
Sec. 24.005. COMPLAINT; ENFORCEMENT. (a) A person
aggrieved by an unlawful employment practice under this chapter may
file a complaint with the commission in the manner provided under
Chapter 21. A complaint filed under this section is subject to
Subchapters E and F, Chapter 21.
(b) The commission shall enforce this chapter in accordance
with Chapter 21.
Sec. 24.006. CIVIL ACTION BY APPLICANT OR EMPLOYEE. (a) An
applicant or employee aggrieved by a violation of this chapter may
bring a civil action to enforce rights protected by this chapter,
including an action for appropriate injunctive relief, in the
district court in the county in which the alleged violation
occurred or in which the alleged violator's residence or principal
place of business is located.
(b) The prospective employer of an applicant or the employer
of an employee who prevails in a civil action under this section is
liable to the affected applicant or employee for damages sustained
as a result of the violation.
(c) In addition to any judgment awarded to a plaintiff who
prevails in a civil action brought under this section, the court may
award injunctive relief or require the employer to pay reasonable
attorney's fees and other costs.
Sec. 24.007. INFORMATION FROM AND OUTREACH BY COMMISSION.
(a) The commission shall make available to the public on the
commission's Internet website information regarding the
requirements of and the rights and remedies under this chapter.
(b) The commission may conduct additional outreach efforts
to inform employers about this chapter.
SECTION 2. The changes in law made by this Act apply only to
an unlawful employment practice that occurs on or after January 1,
2022.
SECTION 3. This Act takes effect January 1, 2022.