Texas 2025 - 89th Regular

Texas Senate Bill SB361 Compare Versions

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

Old	New	Differences
1	1	89R487 SCP-F
2	2	By: Eckhardt, et al. S.B. No. 361
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a prohibition of employment discrimination on the basis
10	10	of reproductive decisions and certain employment agreements
11	11	limiting reproductive decisions.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 21.051, Labor Code, is amended to read as
14	14	follows:
15	15	Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer
16	16	commits an unlawful employment practice if because of race, color,
17	17	disability, religion, sex, national origin, [or] age, or
18	18	reproductive decisions the employer:
19	19	(1) fails or refuses to hire an individual, discharges
20	20	an individual, or discriminates in any other manner against an
21	21	individual in connection with compensation or the terms,
22	22	conditions, or privileges of employment; or
23	23	(2) limits, segregates, or classifies an employee or
24	24	applicant for employment in a manner that would deprive or tend to
25	25	deprive an individual of any employment opportunity or adversely
26	26	affect in any other manner the status of an employee.
27	27	SECTION 2. Section 21.052, Labor Code, is amended to read as
28	28	follows:
29	29	Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An
30	30	employment agency commits an unlawful employment practice if the
31	31	employment agency:
32	32	(1) fails or refuses to refer for employment or
33	33	discriminates in any other manner against an individual because of
34	34	race, color, disability, religion, sex, national origin, [or] age,
35	35	or reproductive decisions; or
36	36	(2) classifies or refers an individual for employment
37	37	on the basis of race, color, disability, religion, sex, national
38	38	origin, [or] age, or reproductive decisions.
39	39	SECTION 3. Section 21.053, Labor Code, is amended to read as
40	40	follows:
41	41	Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor
42	42	organization commits an unlawful employment practice if because of
43	43	race, color, disability, religion, sex, national origin, [or] age,
44	44	or reproductive decisions the labor organization:
45	45	(1) excludes or expels from membership or
46	46	discriminates in any other manner against an individual; or
47	47	(2) limits, segregates, or classifies a member or an
48	48	applicant for membership or classifies or fails or refuses to refer
49	49	for employment an individual in a manner that would:
50	50	(A) deprive or tend to deprive an individual of
51	51	any employment opportunity;
52	52	(B) limit an employment opportunity or adversely
53	53	affect in any other manner the status of an employee or of an
54	54	applicant for employment; or
55	55	(C) cause or attempt to cause an employer to
56	56	violate this subchapter.
57	57	SECTION 4. Section 21.054, Labor Code, is amended to read as
58	58	follows:
59	59	Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING
60	60	PROGRAM. [(a)] Unless a training or retraining opportunity or
61	61	program is provided under an affirmative action plan approved under
62	62	a federal law, rule, or order, an employer, labor organization, or
63	63	joint labor-management committee controlling an apprenticeship,
64	64	on-the-job training, or other training or retraining program
65	65	commits an unlawful employment practice if the employer, labor
66	66	organization, or committee discriminates against an individual
67	67	because of race, color, disability, religion, sex, national origin,
68	68	[or] age, or reproductive decisions in admission to or
69	69	participation in the program.
70	70	SECTION 5. Section 21.059(a), Labor Code, is amended to
71	71	read as follows:
72	72	(a) An employer, labor organization, employment agency, or
73	73	joint labor-management committee controlling an apprenticeship,
74	74	on-the-job training, or other training or retraining program
75	75	commits an unlawful employment practice if the employer, labor
76	76	organization, employment agency, or committee prints or publishes
77	77	or causes to be printed or published a notice or advertisement
78	78	relating to employment that:
79	79	(1) indicates a preference, limitation,
80	80	specification, or discrimination based on race, color, disability,
81	81	religion, sex, national origin, [or] age, or reproductive
82	82	decisions; and
83	83	(2) concerns an employee's status, employment, or
84	84	admission to or membership or participation in a labor union or
85	85	training or retraining program.
86	86	SECTION 6. Section 21.102(c), Labor Code, is amended to
87	87	read as follows:
88	88	(c) This section does not apply to standards of compensation
89	89	or terms, conditions, or privileges of employment that are
90	90	discriminatory on the basis of race, color, disability, religion,
91	91	sex, national origin, [or] age, or reproductive decisions.
92	92	SECTION 7. Subchapter C, Chapter 21, Labor Code, is amended
93	93	by adding Section 21.1061 to read as follows:
94	94	Sec. 21.1061. DISCRIMINATION BASED ON REPRODUCTIVE
95	95	DECISIONS; CERTAIN AGREEMENTS VOID. (a) A provision in this
96	96	chapter referring to discrimination because of or on the basis of a
97	97	reproductive decision includes discrimination because of or on the
98	98	basis of:
99	99	(1) marital status at the time of a pregnancy;
100	100	(2) the use of assisted reproduction to become
101	101	pregnant;
102	102	(3) the use of contraception or a specific form of
103	103	contraception; or
104	104	(4) the obtainment or use of any other health care
105	105	drug, device, or service relating to reproductive health.
106	106	(b) An employer commits an unlawful employment practice if
107	107	the employer discriminates because of or on the basis of a
108	108	reproductive decision of the employee, the employee's spouse or
109	109	partner, the employee's dependent, or any other member of the
110	110	employee's family or household.
111	111	(c) An employer that provides an employee handbook or manual
112	112	to employees shall include in the handbook or manual information
113	113	regarding the prohibition of discrimination because of or on the
114	114	basis of a reproductive decision.
115	115	(d) A mandatory arbitration agreement between an employer
116	116	and an employee is void and unenforceable as against the public
117	117	policy of this state to the extent the agreement limits the
118	118	reproductive decisions of an employee, an employee's spouse or
119	119	partner, an employee's dependent, or any other member of the
120	120	employee's family or household.
121	121	SECTION 8. Section 21.112, Labor Code, is amended to read as
122	122	follows:
123	123	Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer
124	124	does not commit an unlawful employment practice by applying to
125	125	employees who work in different locations different standards of
126	126	compensation or different terms, conditions, or privileges of
127	127	employment that are not discriminatory on the basis of race, color,
128	128	disability, religion, sex, national origin, [or] age, or
129	129	reproductive decisions.
130	130	SECTION 9. Section 21.120(b), Labor Code, is amended to
131	131	read as follows:
132	132	(b) Subsection (a) does not apply to a policy adopted or
133	133	applied with the intent to discriminate because of race, color,
134	134	sex, national origin, religion, age, [or] disability, or
135	135	reproductive decisions.
136	136	SECTION 10. Section 21.122(a), Labor Code, is amended to
137	137	read as follows:
138	138	(a) An unlawful employment practice based on disparate
139	139	impact is established under this chapter only if:
140	140	(1) a complainant demonstrates that a respondent uses
141	141	a particular employment practice that causes a disparate impact on
142	142	the basis of race, color, sex, national origin, religion, [or]
143	143	disability, or reproductive decisions and the respondent fails to
144	144	demonstrate that the challenged practice is job-related for the
145	145	position in question and consistent with business necessity; or
146	146	(2) the complainant makes the demonstration in
147	147	accordance with federal law as that law existed June 4, 1989, with
148	148	respect to the concept of alternative employment practices, and the
149	149	respondent refuses to adopt such an alternative employment
150	150	practice.
151	151	SECTION 11. Section 21.124, Labor Code, is amended to read
152	152	as follows:
153	153	Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
154	154	SCORES. It is an unlawful employment practice for a respondent, in
155	155	connection with the selection or referral of applicants for
156	156	employment or promotion, to adjust the scores of, use different
157	157	cutoff scores for, or otherwise alter the results of
158	158	employment-related tests on the basis of race, color, sex, national
159	159	origin, religion, age, [or] disability, or reproductive decisions.
160	160	SECTION 12. The heading to Section 21.125, Labor Code, is
161	161	amended to read as follows:
162	162	Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
163	163	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
164	164	[OR] DISABILITY, OR REPRODUCTIVE DECISIONS IN EMPLOYMENT
165	165	PRACTICES.
166	166	SECTION 13. Section 21.125(a), Labor Code, is amended to
167	167	read as follows:
168	168	(a) Except as otherwise provided by this chapter, an
169	169	unlawful employment practice is established when the complainant
170	170	demonstrates that race, color, sex, national origin, religion, age,
171	171	[or] disability, or a reproductive decision was a motivating factor
172	172	for an employment practice, even if other factors also motivated
173	173	the practice, unless race, color, sex, national origin, religion,
174	174	age, [or] disability, or a reproductive decision is combined with
175	175	objective job-related factors to attain diversity in the employer's
176	176	work force.
177	177	SECTION 14. Section 21.126, Labor Code, is amended to read
178	178	as follows:
179	179	Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
180	180	STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful
181	181	employment practice for a person elected to public office in this
182	182	state or a political subdivision of this state to discriminate
183	183	because of race, color, sex, national origin, religion, age, [or]
184	184	disability, or reproductive decisions against an individual who is
185	185	an employee or applicant for employment to:
186	186	(1) serve on the elected official's personal staff;
187	187	(2) serve the elected official on a policy-making
188	188	level; or
189	189	(3) serve the elected official as an immediate advisor
190	190	with respect to the exercise of the constitutional or legal powers
191	191	of the office.
192	192	SECTION 15. Section 21.152(a), Labor Code, is amended to
193	193	read as follows:
194	194	(a) A political subdivision or two or more political
195	195	subdivisions acting jointly may create a local commission to:
196	196	(1) promote the purposes of this chapter; and
197	197	(2) secure for all individuals in the jurisdiction of
198	198	each political subdivision freedom from discrimination because of
199	199	race, color, disability, religion, sex, national origin, [or] age,
200	200	or reproductive decisions.
201	201	SECTION 16. Section 21.155(a), Labor Code, is amended to
202	202	read as follows:
203	203	(a) The commission [Commission on Human Rights] shall refer
204	204	a complaint concerning discrimination in employment because of
205	205	race, color, disability, religion, sex, national origin, [or] age,
206	206	or reproductive decisions that is filed with the [that] commission
207	207	to a local commission with the necessary investigatory and
208	208	conciliatory powers if:
209	209	(1) the complaint has been referred to the commission
210	210	[Commission on Human Rights] by the federal government; or
211	211	(2) jurisdiction over the subject matter of the
212	212	complaint has been deferred to the commission [Commission on Human
213	213	Rights] by the federal government.
214	214	SECTION 17. (a) Except as provided by Subsection (b) of
215	215	this section, the change in law made by this Act applies only to a
216	216	claim of discrimination based on conduct occurring on or after the
217	217	effective date of this Act. A claim of discrimination that is based
218	218	on conduct occurring before that date is governed by the law in
219	219	effect on the date the conduct occurred, and the former law is
220	220	continued in effect for that purpose.
221	221	(b) Section 21.1061(d), Labor Code, as added by this Act,
222	222	applies to an agreement entered into before, on, or after the
223	223	effective date of this Act.
224	224	SECTION 18. This Act takes effect September 1, 2025.