By: Paxton S.B. No. 2245
A BILL TO BE ENTITLED
AN ACT
relating to unlawful employment practices with respect to the
COVID-19 vaccine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Labor Code, is amended by adding
Subchapter H-1 to read as follows:
SUBCHAPTER H-1. DISCRIMINATION BASED ON COVID-19 VACCINATION
STATUS
Sec. 21.421. DEFINITION. In this subchapter, "COVID-19"
means the 2019 novel coronavirus disease.
Sec. 21.422. PROHIBITED DISCRIMINATION BASED ON COVID-19
VACCINATION STATUS. (a) An employer commits an unlawful
employment practice if the employer fails or refuses to hire,
discharges, or otherwise discriminates against an individual with
respect to the compensation or the terms, conditions, or privileges
of employment because the individual has not received the COVID-19
vaccine.
(b) A labor organization commits an unlawful employment
practice if the labor organization excludes or expels from
membership or otherwise discriminates against an individual
because the individual has not received the COVID-19 vaccine.
(c) An employment agency commits an unlawful employment
practice if the employment agency classifies or refers for
employment, fails or refuses to refer for employment, or otherwise
discriminates against an individual because the individual has not
received a COVID-19 vaccine.
SECTION 2. The change in law made by this Act applies only
to an unlawful employment practice that occurs on or after the
effective date of this Act.
SECTION 3. This act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.