| 1 | 1 | | By: Menéndez S.B. No. 2045 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to unlawful employment practices regarding discrimination |
|---|
| 7 | 7 | | in payment of compensation. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 21.202(a), Labor Code, is amended to |
|---|
| 10 | 10 | | read as follows: |
|---|
| 11 | 11 | | (a) A complaint under this subchapter must be filed not |
|---|
| 12 | 12 | | later than the 180th day after the date the alleged unlawful |
|---|
| 13 | 13 | | employment practice occurred. With respect to an allegation of |
|---|
| 14 | 14 | | discrimination in payment of compensation in violation of this |
|---|
| 15 | 15 | | chapter, an unlawful employment practice occurs each time: |
|---|
| 16 | 16 | | (1) a discriminatory compensation decision or other |
|---|
| 17 | 17 | | practice is adopted; |
|---|
| 18 | 18 | | (2) an individual becomes subject to a discriminatory |
|---|
| 19 | 19 | | compensation decision or other practice; or |
|---|
| 20 | 20 | | (3) an individual is adversely affected by application |
|---|
| 21 | 21 | | of a discriminatory compensation decision or other practice, |
|---|
| 22 | 22 | | including each time wages affected wholly or partly by the decision |
|---|
| 23 | 23 | | or other practice are paid. |
|---|
| 24 | 24 | | SECTION 2. Section 21.258, Labor Code, is amended by |
|---|
| 25 | 25 | | amending Subsection (c) and adding Subsections (d) and (e) to read |
|---|
| 26 | 26 | | as follows: |
|---|
| 27 | 27 | | (c) Except as otherwise provided by Subsection (d), |
|---|
| 28 | 28 | | liability [Liability] under a back pay award may not accrue for a |
|---|
| 29 | 29 | | date more than two years before the date a complaint is filed with |
|---|
| 30 | 30 | | the commission. |
|---|
| 31 | 31 | | (d) Liability may accrue, and an aggrieved person may obtain |
|---|
| 32 | 32 | | relief as provided by this subchapter, including recovery of back |
|---|
| 33 | 33 | | pay for up to two years preceding the date of filing the complaint, |
|---|
| 34 | 34 | | if the unlawful employment practices that have occurred during the |
|---|
| 35 | 35 | | period for filing a complaint are similar or related to unlawful |
|---|
| 36 | 36 | | employment practices with regard to discrimination in payment of |
|---|
| 37 | 37 | | compensation that occurred outside the period for filing a |
|---|
| 38 | 38 | | complaint. |
|---|
| 39 | 39 | | (e) Interim earnings, workers' compensation benefits, and |
|---|
| 40 | 40 | | unemployment compensation benefits received operate to reduce the |
|---|
| 41 | 41 | | back pay otherwise allowable under this section. |
|---|
| 42 | 42 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 43 | 43 | | a discriminatory compensation decision or other unlawful |
|---|
| 44 | 44 | | employment practice with regard to discrimination in payment of |
|---|
| 45 | 45 | | compensation made on or after the effective date of this Act. |
|---|
| 46 | 46 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 50 | 50 | | Act takes effect September 1, 2021. |
|---|