Bill Text: TX HB1478 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to a prohibition of employment discrimination on the basis of reproductive decisions and certain employment agreements limiting reproductive decisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-08 - Left pending in committee [HB1478 Detail]

Download: Texas-2019-HB1478-Introduced.html
  86R9696 JSC-F
 
  By: Rosenthal H.B. No. 1478
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition of employment discrimination on the basis
  of reproductive decisions and certain employment agreements
  limiting reproductive decisions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 21, Labor Code, is amended
  by adding Section 21.1068 to read as follows:
         Sec. 21.1068.  DISCRIMINATION BASED ON REPRODUCTIVE
  DECISIONS; CERTAIN AGREEMENTS VOID. (a) A provision in this
  chapter referring to discrimination because of or on the basis of a
  reproductive decision includes discrimination because of or on the
  basis of:
               (1)  marital status at the time of a pregnancy;
               (2)  the use of assisted reproduction to become
  pregnant;
               (3)  the use of contraception or a specific form of
  contraception; or
               (4)  the obtainment or use of any other health care
  drug, device, or service relating to reproductive health.
         (b)  An employer commits an unlawful employment practice if
  the employer discriminates because of or on the basis of a
  reproductive decision of the employee, the employee's spouse or
  partner, the employee's dependent, or any other member of the
  employee's family or household.
         (c)  An employer that provides an employee handbook or manual
  to employees shall include in the handbook or manual information
  regarding the prohibition of discrimination based on a reproductive
  decision.
         (d)  A mandatory arbitration agreement between an employer
  and an employee is void and unenforceable as against the public
  policy of this state to the extent the agreement limits the
  reproductive decisions of an employee, an employee's spouse or
  partner, an employee's dependent, or any other member of the
  employee's family or household.
         SECTION 2.  Section 21.051, Labor Code, is amended to read as
  follows:
         Sec. 21.051.  DISCRIMINATION BY EMPLOYER.  An employer
  commits an unlawful employment practice if because of race, color,
  disability, religion, sex, national origin, [or] age, or
  reproductive decisions the employer:
               (1)  fails or refuses to hire an individual, discharges
  an individual, or discriminates in any other manner against an
  individual in connection with compensation or the terms,
  conditions, or privileges of employment; or
               (2)  limits, segregates, or classifies an employee or
  applicant for employment in a manner that would deprive or tend to
  deprive an individual of any employment opportunity or adversely
  affect in any other manner the status of an employee.
         SECTION 3.  Section 21.052, Labor Code, is amended to read as
  follows:
         Sec. 21.052.  DISCRIMINATION BY EMPLOYMENT AGENCY.  An
  employment agency commits an unlawful employment practice if the
  employment agency:
               (1)  fails or refuses to refer for employment or
  discriminates in any other manner against an individual because of
  race, color, disability, religion, sex, national origin, [or] age,
  or reproductive decisions; or
               (2)  classifies or refers an individual for employment
  on the basis of race, color, disability, religion, sex, national
  origin, [or] age, or reproductive decisions.
         SECTION 4.  Section 21.053, Labor Code, is amended to read as
  follows:
         Sec. 21.053.  DISCRIMINATION BY LABOR ORGANIZATION.  A labor
  organization commits an unlawful employment practice if because of
  race, color, disability, religion, sex, national origin, [or] age,
  or reproductive decisions the labor organization:
               (1)  excludes or expels from membership or
  discriminates in any other manner against an individual; or
               (2)  limits, segregates, or classifies a member or an
  applicant for membership or classifies or fails or refuses to refer
  for employment an individual in a manner that would:
                     (A)  deprive or tend to deprive an individual of
  any employment opportunity;
                     (B)  limit an employment opportunity or adversely
  affect in any other manner the status of an employee or of an
  applicant for employment; or
                     (C)  cause or attempt to cause an employer to
  violate this subchapter.
         SECTION 5.  Section 21.054(a), Labor Code, is amended to
  read as follows:
         (a)  Unless a training or retraining opportunity or program
  is provided under an affirmative action plan approved under a
  federal law, rule, or order, an employer, labor organization, or
  joint labor-management committee controlling an apprenticeship,
  on-the-job training, or other training or retraining program
  commits an unlawful employment practice if the employer, labor
  organization, or committee discriminates against an individual
  because of race, color, disability, religion, sex, national origin,
  [or] age, or reproductive decisions in admission to or
  participation in the program.
         SECTION 6.  Section 21.059(a), Labor Code, is amended to
  read as follows:
         (a)  An employer, labor organization, employment agency, or
  joint labor-management committee controlling an apprenticeship,
  on-the-job training, or other training or retraining program
  commits an unlawful employment practice if the employer, labor
  organization, employment agency, or committee prints or publishes
  or causes to be printed or published a notice or advertisement
  relating to employment that:
               (1)  indicates a preference, limitation,
  specification, or discrimination based on race, color, disability,
  religion, sex, national origin, [or] age, or reproductive
  decisions; and
               (2)  concerns an employee's status, employment, or
  admission to or membership or participation in a labor union or
  training or retraining program.
         SECTION 7.  Section 21.102(c), Labor Code, is amended to
  read as follows:
         (c)  This section does not apply to standards of compensation
  or terms, conditions, or privileges of employment that are
  discriminatory on the basis of race, color, disability, religion,
  sex, national origin, [or] age, or reproductive decisions.
         SECTION 8.  Section 21.112, Labor Code, is amended to read as
  follows:
         Sec. 21.112.  EMPLOYEES AT DIFFERENT LOCATIONS.  An employer
  does not commit an unlawful employment practice by applying to
  employees who work in different locations different standards of
  compensation or different terms, conditions, or privileges of
  employment that are not discriminatory on the basis of race, color,
  disability, religion, sex, national origin, [or] age, or
  reproductive decisions.
         SECTION 9.  Section 21.120(b), Labor Code, is amended to
  read as follows:
         (b)  Subsection (a) does not apply to a policy adopted or
  applied with the intent to discriminate because of race, color,
  sex, national origin, religion, age, [or] disability, or
  reproductive decisions.
         SECTION 10.  Section 21.122(a), Labor Code, is amended to
  read as follows:
         (a)  An unlawful employment practice based on disparate
  impact is established under this chapter only if:
               (1)  a complainant demonstrates that a respondent uses
  a particular employment practice that causes a disparate impact on
  the basis of race, color, sex, national origin, religion, [or]
  disability, or reproductive decisions and the respondent fails to
  demonstrate that the challenged practice is job-related for the
  position in question and consistent with business necessity; or
               (2)  the complainant makes the demonstration in
  accordance with federal law as that law existed June 4, 1989, with
  respect to the concept of alternative employment practices, and the
  respondent refuses to adopt such an alternative employment
  practice.
         SECTION 11.  Section 21.124, Labor Code, is amended to read
  as follows:
         Sec. 21.124.  PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
  SCORES.  It is an unlawful employment practice for a respondent, in
  connection with the selection or referral of applicants for
  employment or promotion, to adjust the scores of, use different
  cutoff scores for, or otherwise alter the results of
  employment-related tests on the basis of race, color, sex, national
  origin, religion, age, [or] disability, or reproductive decisions.
         SECTION 12.  The heading to Section 21.125, Labor Code, is
  amended to read as follows:
         Sec. 21.125.  CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
  CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
  [OR] DISABILITY, OR REPRODUCTIVE DECISIONS IN EMPLOYMENT
  PRACTICES.
         SECTION 13.  Section 21.125(a), Labor Code, is amended to
  read as follows:
         (a)  Except as otherwise provided by this chapter, an
  unlawful employment practice is established when the complainant
  demonstrates that race, color, sex, national origin, religion, age,
  [or] disability, or reproductive decisions was a motivating factor
  for an employment practice, even if other factors also motivated
  the practice, unless race, color, sex, national origin, religion,
  age, [or] disability, or reproductive decisions is combined with
  objective job-related factors to attain diversity in the employer's
  work force.
         SECTION 14.  Section 21.126, Labor Code, is amended to read
  as follows:
         Sec. 21.126.  COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
  STATE OR POLITICAL SUBDIVISION OF THE STATE.  It is an unlawful
  employment practice for a person elected to public office in this
  state or a political subdivision of this state to discriminate
  because of race, color, sex, national origin, religion, age, [or]
  disability, or reproductive decisions against an individual who is
  an employee or applicant for employment to:
               (1)  serve on the elected official's personal staff;
               (2)  serve the elected official on a policy-making
  level; or
               (3)  serve the elected official as an immediate advisor
  with respect to the exercise of the constitutional or legal powers
  of the office.
         SECTION 15.  Section 21.152(a), Labor Code, is amended to
  read as follows:
         (a)  A political subdivision or two or more political
  subdivisions acting jointly may create a local commission to:
               (1)  promote the purposes of this chapter; and
               (2)  secure for all individuals in the jurisdiction of
  each political subdivision freedom from discrimination because of
  race, color, disability, religion, sex, national origin, [or] age,
  or reproductive decisions.
         SECTION 16.  Section 21.155(a), Labor Code, is amended to
  read as follows:
         (a)  The commission [Commission on Human Rights] shall refer
  a complaint concerning discrimination in employment because of
  race, color, disability, religion, sex, national origin, [or] age,
  or reproductive decisions that is filed with the [that] commission
  to a local commission with the necessary investigatory and
  conciliatory powers if:
               (1)  the complaint has been referred to the commission 
  [Commission on Human Rights] by the federal government; or
               (2)  jurisdiction over the subject matter of the
  complaint has been deferred to the commission [Commission on Human
  Rights] by the federal government.
         SECTION 17.  (a)  Except as provided by Subsection (b) of
  this section, the change in law made by this Act applies only to a
  claim of discrimination based on conduct occurring on or after the
  effective date of this Act. A claim of discrimination that is based
  on conduct occurring before that date is governed by the law in
  effect on the date the conduct occurred, and the former law is
  continued in effect for that purpose.
         (b)  Section 21.1068(d), Labor Code, as added by this Act,
  applies to an agreement entered into before, on, or after the
  effective date of this Act.
         SECTION 18.  This Act takes effect September 1, 2019.
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