Texas 2023 - 88th Regular

Texas House Bill HB1806 Compare Versions

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1	1	88R6208 SCP-D
2	2	By: Morales Shaw H.B. No. 1806
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prohibition of employment discrimination based on
8	8	sexual orientation or gender identity or expression.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 21.002, Labor Code, is amended by adding
11	11	Subdivisions (9-a) and (13-a) to read as follows:
12	12	(9-a) "Gender identity or expression" means having or
13	13	being perceived as having a gender-related identity, appearance,
14	14	expression, or behavior, regardless of whether that identity,
15	15	appearance, expression, or behavior is different from that commonly
16	16	associated with the individual's actual or perceived sex.
17	17	(13-a) "Sexual orientation" means the actual or
18	18	perceived status of an individual with respect to the individual's
19	19	sexuality.
20	20	SECTION 2. Section 21.051, Labor Code, is amended to read as
21	21	follows:
22	22	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
23	23	commits an unlawful employment practice if because of race, color,
24	24	disability, religion, sex, national origin, [or] age, sexual
25	25	orientation, or gender identity or expression the employer:
26	26	(1) fails or refuses to hire an individual, discharges
27	27	an individual, or discriminates in any other manner against an
28	28	individual in connection with compensation or the terms,
29	29	conditions, or privileges of employment; or
30	30	(2) limits, segregates, or classifies an employee or
31	31	applicant for employment in a manner that would deprive or tend to
32	32	deprive an individual of any employment opportunity or adversely
33	33	affect in any other manner the status of an employee.
34	34	SECTION 3. Section 21.052, Labor Code, is amended to read as
35	35	follows:
36	36	Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
37	37	employment agency commits an unlawful employment practice if the
38	38	employment agency:
39	39	(1) fails or refuses to refer for employment or
40	40	discriminates in any other manner against an individual because of
41	41	race, color, disability, religion, sex, national origin, [or] age,
42	42	sexual orientation, or gender identity or expression; or
43	43	(2) classifies or refers an individual for employment
44	44	on the basis of race, color, disability, religion, sex, national
45	45	origin, [or] age, sexual orientation, or gender identity or
46	46	expression.
47	47	SECTION 4. Section 21.053, Labor Code, is amended to read as
48	48	follows:
49	49	Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
50	50	organization commits an unlawful employment practice if because of
51	51	race, color, disability, religion, sex, national origin, [or] age,
52	52	sexual orientation, or gender identity or expression the labor
53	53	organization:
54	54	(1) excludes or expels from membership or
55	55	discriminates in any other manner against an individual; or
56	56	(2) limits, segregates, or classifies a member or an
57	57	applicant for membership or classifies or fails or refuses to refer
58	58	for employment an individual in a manner that would:
59	59	(A) deprive or tend to deprive an individual of
60	60	any employment opportunity;
61	61	(B) limit an employment opportunity or adversely
62	62	affect in any other manner the status of an employee or of an
63	63	applicant for employment; or
64	64	(C) cause or attempt to cause an employer to
65	65	violate this subchapter.
66	66	SECTION 5. Section 21.054, Labor Code, is amended to read as
67	67	follows:
68	68	Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
69	69	PROGRAM. [(a)] Unless a training or retraining opportunity or
70	70	program is provided under an affirmative action plan approved under
71	71	a federal law, rule, or order, an employer, labor organization, or
72	72	joint labor-management committee controlling an apprenticeship,
73	73	on-the-job training, or other training or retraining program
74	74	commits an unlawful employment practice if the employer, labor
75	75	organization, or committee discriminates against an individual
76	76	because of race, color, disability, religion, sex, national origin,
77	77	[or] age, sexual orientation, or gender identity or expression in
78	78	admission to or participation in the program.
79	79	SECTION 6. Section 21.059(a), Labor Code, is amended to
80	80	read as follows:
81	81	(a) An employer, labor organization, employment agency, or
82	82	joint labor-management committee controlling an apprenticeship,
83	83	on-the-job training, or other training or retraining program
84	84	commits an unlawful employment practice if the employer, labor
85	85	organization, employment agency, or committee prints or publishes
86	86	or causes to be printed or published a notice or advertisement
87	87	relating to employment that:
88	88	(1) indicates a preference, limitation,
89	89	specification, or discrimination based on race, color, disability,
90	90	religion, sex, national origin, [or] age, sexual orientation, or
91	91	gender identity or expression; and
92	92	(2) concerns an employee's status, employment, or
93	93	admission to or membership or participation in a labor union or
94	94	training or retraining program.
95	95	SECTION 7. Section 21.102(c), Labor Code, is amended to
96	96	read as follows:
97	97	(c) This section does not apply to standards of compensation
98	98	or terms, conditions, or privileges of employment that are
99	99	discriminatory on the basis of race, color, disability, religion,
100	100	sex, national origin, [or] age, sexual orientation, or gender
101	101	identity or expression.
102	102	SECTION 8. Section 21.112, Labor Code, is amended to read as
103	103	follows:
104	104	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
105	105	does not commit an unlawful employment practice by applying to
106	106	employees who work in different locations different standards of
107	107	compensation or different terms, conditions, or privileges of
108	108	employment that are not discriminatory on the basis of race, color,
109	109	disability, religion, sex, national origin, [or] age, sexual
110	110	orientation, or gender identity or expression.
111	111	SECTION 9. Section 21.113, Labor Code, is amended to read as
112	112	follows:
113	113	Sec. 21.113. IMBALANCE PLAN NOT REQUIRED. This chapter
114	114	does not require a person subject to this chapter to grant
115	115	preferential treatment to an individual or a group on the basis of
116	116	race, color, disability, religion, sex, national origin, [or] age,
117	117	sexual orientation, or gender identity or expression because of an
118	118	imbalance between:
119	119	(1) the total number or percentage of persons of that
120	120	individual's or group's race, color, disability, religion, sex,
121	121	national origin, [or] age, sexual orientation, or gender identity
122	122	or expression:
123	123	(A) employed by an employer;
124	124	(B) referred or classified for employment by an
125	125	employment agency or labor organization;
126	126	(C) admitted to membership or classified by a
127	127	labor organization; or
128	128	(D) admitted to or employed in an apprenticeship,
129	129	on-the-job training, or other training or retraining program; and
130	130	(2) the total number or percentage of persons of that
131	131	race, color, disability, religion, sex, national origin, [or] age,
132	132	sexual orientation, or gender identity or expression in:
133	133	(A) a community, this state, a region, or other
134	134	area; or
135	135	(B) the available work force in a community, this
136	136	state, a region, or other area.
137	137	SECTION 10. Section 21.120(b), Labor Code, is amended to
138	138	read as follows:
139	139	(b) Subsection (a) does not apply to a policy adopted or
140	140	applied with the intent to discriminate because of race, color,
141	141	sex, national origin, religion, age, [or] disability, sexual
142	142	orientation, or gender identity or expression.
143	143	SECTION 11. Section 21.122(a), Labor Code, is amended to
144	144	read as follows:
145	145	(a) An unlawful employment practice based on disparate
146	146	impact is established under this chapter only if:
147	147	(1) a complainant demonstrates that a respondent uses
148	148	a particular employment practice that causes a disparate impact on
149	149	the basis of race, color, sex, national origin, religion, [or]
150	150	disability, sexual orientation, or gender identity or expression
151	151	and the respondent fails to demonstrate that the challenged
152	152	practice is job-related for the position in question and consistent
153	153	with business necessity; or
154	154	(2) the complainant makes the demonstration in
155	155	accordance with federal law as that law existed June 4, 1989, with
156	156	respect to the concept of alternative employment practices, and the
157	157	respondent refuses to adopt such an alternative employment
158	158	practice.
159	159	SECTION 12. Section 21.124, Labor Code, is amended to read
160	160	as follows:
161	161	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
162	162	SCORES. It is an unlawful employment practice for a respondent, in
163	163	connection with the selection or referral of applicants for
164	164	employment or promotion, to adjust the scores of, use different
165	165	cutoff scores for, or otherwise alter the results of
166	166	employment-related tests on the basis of race, color, sex, national
167	167	origin, religion, age, [or] disability, sexual orientation, or
168	168	gender identity or expression.
169	169	SECTION 13. The heading to Section 21.125, Labor Code, is
170	170	amended to read as follows:
171	171	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
172	172	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
173	173	[OR] DISABILITY, SEXUAL ORIENTATION, OR GENDER IDENTITY OR
174	174	EXPRESSION IN EMPLOYMENT PRACTICES.
175	175	SECTION 14. Section 21.125(a), Labor Code, is amended to
176	176	read as follows:
177	177	(a) Except as otherwise provided by this chapter, an
178	178	unlawful employment practice is established when the complainant
179	179	demonstrates that race, color, sex, national origin, religion, age,
180	180	[or] disability, sexual orientation, or gender identity or
181	181	expression was a motivating factor for an employment practice, even
182	182	if other factors also motivated the practice, unless race, color,
183	183	sex, national origin, religion, age, [or] disability, sexual
184	184	orientation, or gender identity or expression is combined with
185	185	objective job-related factors to attain diversity in the employer's
186	186	work force.
187	187	SECTION 15. Section 21.126, Labor Code, is amended to read
188	188	as follows:
189	189	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
190	190	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
191	191	employment practice for a person elected to public office in this
192	192	state or a political subdivision of this state to discriminate
193	193	because of race, color, sex, national origin, religion, age, [or]
194	194	disability, sexual orientation, or gender identity or expression
195	195	against an individual who is an employee or applicant for
196	196	employment to:
197	197	(1) serve on the elected official's personal staff;
198	198	(2) serve the elected official on a policy-making
199	199	level; or
200	200	(3) serve the elected official as an immediate advisor
201	201	with respect to the exercise of the constitutional or legal powers
202	202	of the office.
203	203	SECTION 16. Section 21.152(a), Labor Code, is amended to
204	204	read as follows:
205	205	(a) A political subdivision or two or more political
206	206	subdivisions acting jointly may create a local commission to:
207	207	(1) promote the purposes of this chapter; and
208	208	(2) secure for all individuals in the jurisdiction of
209	209	each political subdivision freedom from discrimination because of
210	210	race, color, disability, religion, sex, national origin, [or] age,
211	211	sexual orientation, or gender identity or expression.
212	212	SECTION 17. Section 21.155(a), Labor Code, is amended to
213	213	read as follows:
214	214	(a) The commission [Commission on Human Rights] shall refer
215	215	a complaint concerning discrimination in employment because of
216	216	race, color, disability, religion, sex, national origin, [or] age,
217	217	sexual orientation, or gender identity or expression that is filed
218	218	with that commission to a local commission with the necessary
219	219	investigatory and conciliatory powers if:
220	220	(1) the complaint has been referred to the commission
221	221	[Commission on Human Rights] by the federal government; or
222	222	(2) jurisdiction over the subject matter of the
223	223	complaint has been deferred to the commission [Commission on Human
224	224	Rights] by the federal government.
225	225	SECTION 18. The changes in law made by this Act apply to
226	226	conduct occurring on or after the effective date of this Act.
227	227	Conduct occurring before that date is governed by the law in effect
228	228	on the date the conduct occurred, and the former law is continued in
229	229	effect for that purpose.
230	230	SECTION 19. This Act takes effect September 1, 2023.