Texas 2021 - 87th Regular

Texas Senate Bill SB209 Compare Versions

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

Old	New	Differences
1	1	87R2153 JSC-D
2	2	By: Eckhardt S.B. No. 209
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition of certain required nondisclosure and
8	8	arbitration agreements.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended
11	11	by adding Section 21.0605 to read as follows:
12	12	Sec. 21.0605. REQUIRING NONDISCLOSURE OR ARBITRATION
13	13	AGREEMENT. An employer commits an unlawful employment practice if
14	14	the employer fails or refuses to hire, discharges, harasses, or in
15	15	any other manner discriminates against an individual in connection
16	16	with compensation, terms, conditions, or privileges of employment
17	17	because the individual refuses to sign an agreement prohibited
18	18	under Chapter 25.
19	19	SECTION 2. Subtitle A, Title 2, Labor Code, is amended by
20	20	adding Chapter 25 to read as follows:
21	21	CHAPTER 25. CERTAIN NONDISCLOSURE AND ARBITRATION AGREEMENTS
22	22	PROHIBITED
23	23	Sec. 25.001. DEFINITIONS. For the purposes of this
24	24	chapter:
25	25	(1) "Sexual assault" means conduct described by
26	26	Section 22.011 or 22.021, Penal Code.
27	27	(2) "Sexual harassment" means an unwelcome sexual
28	28	advance, a request for a sexual favor, or any other verbal or
29	29	physical conduct of a sexual nature if:
30	30	(A) submission to the advance, request, or
31	31	conduct is made a term or condition of an individual's employment,
32	32	either explicitly or implicitly;
33	33	(B) submission to or rejection of the advance,
34	34	request, or conduct by an individual is used as the basis for an
35	35	employment decision;
36	36	(C) the advance, request, or conduct has the
37	37	purpose or effect of unreasonably interfering with an individual's
38	38	work performance; or
39	39	(D) the advance, request, or conduct has the
40	40	purpose or effect of creating an intimidating, hostile, or
41	41	offensive working environment.
42	42	Sec. 25.002. CERTAIN AGREEMENTS PROHIBITING REPORTING OF
43	43	SEXUAL ASSAULT OR SEXUAL HARASSMENT VOID AND UNENFORCEABLE. A
44	44	nondisclosure or confidentiality agreement or other agreement
45	45	between an employer and an employee is void and unenforceable as
46	46	against the public policy of this state to the extent the agreement
47	47	prohibits the employee from notifying, or limits the employee's
48	48	ability to notify, a local or state law enforcement agency or any
49	49	state or federal regulatory agency of sexual assault or sexual
50	50	harassment committed:
51	51	(1) by an employee of the employer; or
52	52	(2) at the employee's place of employment.
53	53	Sec. 25.003. MANDATORY ARBITRATION AGREEMENT COVERING
54	54	DISPUTE INVOLVING ALLEGATION OF SEXUAL ASSAULT OR SEXUAL HARASSMENT
55	55	VOID AND UNENFORCEABLE. A mandatory arbitration agreement between
56	56	an employer and an employee is void and unenforceable as against the
57	57	public policy of this state to the extent the agreement imposes
58	58	mandatory arbitration of a dispute involving an allegation of
59	59	sexual assault or sexual harassment.
60	60	SECTION 3. (a) The change in law made by this Act by the
61	61	enactment of Section 21.0605, Labor Code, applies only to an
62	62	unlawful employment practice that occurs on or after the effective
63	63	date of this Act.
64	64	(b) The change in law made by this Act by the enactment of
65	65	Chapter 25, Labor Code, applies to an agreement entered into
66	66	before, on, or after the effective date of this Act.
67	67	SECTION 4. This Act takes effect September 1, 2021.