Texas 2023 - 88th Regular

Texas House Bill HB722 Compare Versions

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Version 2 (New)

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1	1	88R884 SGM-F
2	2	By: Rosenthal H.B. No. 722
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition of employment discrimination on the basis
8	8	of reproductive decisions and certain employment agreements
9	9	limiting reproductive decisions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 21, Labor Code, is amended
12	12	by adding Section 21.1061 to read as follows:
13	13	Sec. 21.1061. DISCRIMINATION BASED ON REPRODUCTIVE
14	14	DECISIONS; CERTAIN AGREEMENTS VOID. (a) A provision in this
15	15	chapter referring to discrimination because of or on the basis of a
16	16	reproductive decision includes discrimination because of or on the
17	17	basis of:
18	18	(1) marital status at the time of a pregnancy;
19	19	(2) the use of assisted reproduction to become
20	20	pregnant;
21	21	(3) the use of contraception or a specific form of
22	22	contraception; or
23	23	(4) the obtainment or use of any other health care
24	24	drug, device, or service relating to reproductive health.
25	25	(b) An employer commits an unlawful employment practice if
26	26	the employer discriminates because of or on the basis of a
27	27	reproductive decision of the employee, the employee's spouse or
28	28	partner, the employee's dependent, or any other member of the
29	29	employee's family or household.
30	30	(c) An employer that provides an employee handbook or manual
31	31	to employees shall include in the handbook or manual information
32	32	regarding the prohibition of discrimination based on a reproductive
33	33	decision.
34	34	(d) A mandatory arbitration agreement between an employer
35	35	and an employee is void and unenforceable as against the public
36	36	policy of this state to the extent the agreement limits the
37	37	reproductive decisions of an employee, an employee's spouse or
38	38	partner, an employee's dependent, or any other member of the
39	39	employee's family or household.
40	40	SECTION 2. Section 21.051, Labor Code, is amended to read as
41	41	follows:
42	42	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
43	43	commits an unlawful employment practice if because of race, color,
44	44	disability, religion, sex, national origin, [or] age, or
45	45	reproductive decisions the employer:
46	46	(1) fails or refuses to hire an individual, discharges
47	47	an individual, or discriminates in any other manner against an
48	48	individual in connection with compensation or the terms,
49	49	conditions, or privileges of employment; or
50	50	(2) limits, segregates, or classifies an employee or
51	51	applicant for employment in a manner that would deprive or tend to
52	52	deprive an individual of any employment opportunity or adversely
53	53	affect in any other manner the status of an employee.
54	54	SECTION 3. Section 21.052, Labor Code, is amended to read as
55	55	follows:
56	56	Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
57	57	employment agency commits an unlawful employment practice if the
58	58	employment agency:
59	59	(1) fails or refuses to refer for employment or
60	60	discriminates in any other manner against an individual because of
61	61	race, color, disability, religion, sex, national origin, [or] age,
62	62	or reproductive decisions; or
63	63	(2) classifies or refers an individual for employment
64	64	on the basis of race, color, disability, religion, sex, national
65	65	origin, [or] age, or reproductive decisions.
66	66	SECTION 4. Section 21.053, Labor Code, is amended to read as
67	67	follows:
68	68	Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
69	69	organization commits an unlawful employment practice if because of
70	70	race, color, disability, religion, sex, national origin, [or] age,
71	71	or reproductive decisions the labor organization:
72	72	(1) excludes or expels from membership or
73	73	discriminates in any other manner against an individual; or
74	74	(2) limits, segregates, or classifies a member or an
75	75	applicant for membership or classifies or fails or refuses to refer
76	76	for employment an individual in a manner that would:
77	77	(A) deprive or tend to deprive an individual of
78	78	any employment opportunity;
79	79	(B) limit an employment opportunity or adversely
80	80	affect in any other manner the status of an employee or of an
81	81	applicant for employment; or
82	82	(C) cause or attempt to cause an employer to
83	83	violate this subchapter.
84	84	SECTION 5. Section 21.054, Labor Code, is amended to read as
85	85	follows:
86	86	Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
87	87	PROGRAM. [(a)] Unless a training or retraining opportunity or
88	88	program is provided under an affirmative action plan approved under
89	89	a federal law, rule, or order, an employer, labor organization, or
90	90	joint labor-management committee controlling an apprenticeship,
91	91	on-the-job training, or other training or retraining program
92	92	commits an unlawful employment practice if the employer, labor
93	93	organization, or committee discriminates against an individual
94	94	because of race, color, disability, religion, sex, national origin,
95	95	[or] age, or reproductive decisions in admission to or
96	96	participation in the program.
97	97	SECTION 6. Section 21.059(a), Labor Code, is amended to
98	98	read as follows:
99	99	(a) An employer, labor organization, employment agency, or
100	100	joint labor-management committee controlling an apprenticeship,
101	101	on-the-job training, or other training or retraining program
102	102	commits an unlawful employment practice if the employer, labor
103	103	organization, employment agency, or committee prints or publishes
104	104	or causes to be printed or published a notice or advertisement
105	105	relating to employment that:
106	106	(1) indicates a preference, limitation,
107	107	specification, or discrimination based on race, color, disability,
108	108	religion, sex, national origin, [or] age, or reproductive
109	109	decisions; and
110	110	(2) concerns an employee's status, employment, or
111	111	admission to or membership or participation in a labor union or
112	112	training or retraining program.
113	113	SECTION 7. Section 21.102(c), Labor Code, is amended to
114	114	read as follows:
115	115	(c) This section does not apply to standards of compensation
116	116	or terms, conditions, or privileges of employment that are
117	117	discriminatory on the basis of race, color, disability, religion,
118	118	sex, national origin, [or] age, or reproductive decisions.
119	119	SECTION 8. Section 21.112, Labor Code, is amended to read as
120	120	follows:
121	121	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
122	122	does not commit an unlawful employment practice by applying to
123	123	employees who work in different locations different standards of
124	124	compensation or different terms, conditions, or privileges of
125	125	employment that are not discriminatory on the basis of race, color,
126	126	disability, religion, sex, national origin, [or] age, or
127	127	reproductive decisions.
128	128	SECTION 9. Section 21.120(b), Labor Code, is amended to
129	129	read as follows:
130	130	(b) Subsection (a) does not apply to a policy adopted or
131	131	applied with the intent to discriminate because of race, color,
132	132	sex, national origin, religion, age, [or] disability, or
133	133	reproductive decisions.
134	134	SECTION 10. Section 21.122(a), Labor Code, is amended to
135	135	read as follows:
136	136	(a) An unlawful employment practice based on disparate
137	137	impact is established under this chapter only if:
138	138	(1) a complainant demonstrates that a respondent uses
139	139	a particular employment practice that causes a disparate impact on
140	140	the basis of race, color, sex, national origin, religion, [or]
141	141	disability, or reproductive decisions and the respondent fails to
142	142	demonstrate that the challenged practice is job-related for the
143	143	position in question and consistent with business necessity; or
144	144	(2) the complainant makes the demonstration in
145	145	accordance with federal law as that law existed June 4, 1989, with
146	146	respect to the concept of alternative employment practices, and the
147	147	respondent refuses to adopt such an alternative employment
148	148	practice.
149	149	SECTION 11. Section 21.124, Labor Code, is amended to read
150	150	as follows:
151	151	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
152	152	SCORES. It is an unlawful employment practice for a respondent, in
153	153	connection with the selection or referral of applicants for
154	154	employment or promotion, to adjust the scores of, use different
155	155	cutoff scores for, or otherwise alter the results of
156	156	employment-related tests on the basis of race, color, sex, national
157	157	origin, religion, age, [or] disability, or reproductive decisions.
158	158	SECTION 12. The heading to Section 21.125, Labor Code, is
159	159	amended to read as follows:
160	160	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
161	161	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
162	162	[OR] DISABILITY, OR REPRODUCTIVE DECISIONS IN EMPLOYMENT
163	163	PRACTICES.
164	164	SECTION 13. Section 21.125(a), Labor Code, is amended to
165	165	read as follows:
166	166	(a) Except as otherwise provided by this chapter, an
167	167	unlawful employment practice is established when the complainant
168	168	demonstrates that race, color, sex, national origin, religion, age,
169	169	[or] disability, or a reproductive decision was a motivating factor
170	170	for an employment practice, even if other factors also motivated
171	171	the practice, unless race, color, sex, national origin, religion,
172	172	age, [or] disability, or a reproductive decision is combined with
173	173	objective job-related factors to attain diversity in the employer's
174	174	work force.
175	175	SECTION 14. Section 21.126, Labor Code, is amended to read
176	176	as follows:
177	177	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
178	178	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
179	179	employment practice for a person elected to public office in this
180	180	state or a political subdivision of this state to discriminate
181	181	because of race, color, sex, national origin, religion, age, [or]
182	182	disability, or reproductive decisions against an individual who is
183	183	an employee or applicant for employment to:
184	184	(1) serve on the elected official's personal staff;
185	185	(2) serve the elected official on a policy-making
186	186	level; or
187	187	(3) serve the elected official as an immediate advisor
188	188	with respect to the exercise of the constitutional or legal powers
189	189	of the office.
190	190	SECTION 15. Section 21.152(a), Labor Code, is amended to
191	191	read as follows:
192	192	(a) A political subdivision or two or more political
193	193	subdivisions acting jointly may create a local commission to:
194	194	(1) promote the purposes of this chapter; and
195	195	(2) secure for all individuals in the jurisdiction of
196	196	each political subdivision freedom from discrimination because of
197	197	race, color, disability, religion, sex, national origin, [or] age,
198	198	or reproductive decisions.
199	199	SECTION 16. Section 21.155(a), Labor Code, is amended to
200	200	read as follows:
201	201	(a) The commission [Commission on Human Rights] shall refer
202	202	a complaint concerning discrimination in employment because of
203	203	race, color, disability, religion, sex, national origin, [or] age,
204	204	or reproductive decisions that is filed with the [that] commission
205	205	to a local commission with the necessary investigatory and
206	206	conciliatory powers if:
207	207	(1) the complaint has been referred to the commission
208	208	[Commission on Human Rights] by the federal government; or
209	209	(2) jurisdiction over the subject matter of the
210	210	complaint has been deferred to the commission [Commission on Human
211	211	Rights] by the federal government.
212	212	SECTION 17. (a) Except as provided by Subsection (b) of
213	213	this section, the change in law made by this Act applies only to a
214	214	claim of discrimination based on conduct occurring on or after the
215	215	effective date of this Act. A claim of discrimination that is based
216	216	on conduct occurring before that date is governed by the law in
217	217	effect on the date the conduct occurred, and the former law is
218	218	continued in effect for that purpose.
219	219	(b) Section 21.1061(d), Labor Code, as added by this Act,
220	220	applies to an agreement entered into before, on, or after the
221	221	effective date of this Act.
222	222	SECTION 18. This Act takes effect September 1, 2023.