By: Harrison H.B. No. 4114
A BILL TO BE ENTITLED
AN ACT
relating to unlawful employment practices with respect to the
exercise of the right of free speech, right to petition, and right
of association.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.055, Labor Code, is amended to read as
follows:
Sec. 21.055. RETALIATION. (a) An employer, labor union, or
employment agency commits an unlawful employment practice if the
employer, labor union, or employment agency retaliates or
discriminates against a person who, under this chapter:
(1) opposes a discriminatory practice;
(2) makes or files a charge;
(3) files a complaint; or
(4) testifies, assists, or participates in any manner
in an investigation, proceeding, or hearing.
(b) An employer, labor union, or employment agency commits
an unlawful employment practice if the employer, labor union, or
employment agency retaliates or discriminates against a person who
engages in lawful conduct involving the exercise of civil rights
guaranteed by the Constitution of the United States or of this
state:
(1) during a period of time that is not during the
person's assigned working hours; and
(2) in a location that is not the person's work site or
on the premises of the employer, labor union, or employment agency,
unless such work site or premises is also the person's place of
residence.
(c) Subsection (b) does not apply to employers, labor
unions, or employment agencies that are religious organizations,
including any place of worship, any religious charity, place of
education, or ministry, or any other organization that is organized
for a religious purpose or has declared in its governing documents
or through a resolution that it operates in accordance with
sincerely-held religious principles.
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 September 1, 2023.