Bill Text: TX HB3847 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to requiring reasonable workplace accommodations for and prohibiting discrimination against employees or applicants for employment with limitations related to pregnancy, childbirth, or a related medical condition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-08 - Left pending in committee [HB3847 Detail]

Download: Texas-2019-HB3847-Introduced.html
  86R2977 KSD-D
 
  By: Calanni H.B. No. 3847
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring reasonable workplace accommodations for and
  prohibiting discrimination against employees or applicants for
  employment with limitations related to pregnancy, childbirth, or a
  related medical condition.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 21, Labor Code, is amended
  by adding Section 21.1285 to read as follows:
         Sec. 21.1285.  REASONABLE WORKPLACE ACCOMMODATION FOR
  PERSONS WITH LIMITATIONS RELATED TO PREGNANCY, CHILDBIRTH, OR
  RELATED MEDICAL CONDITION; GOOD FAITH EFFORT. (a)  This section
  applies only to an employee or applicant for employment who has a
  known limitation related to pregnancy, childbirth, or a related
  medical condition.
         (b)  It is an unlawful employment practice for a respondent
  covered under this chapter to:
               (1)  fail or refuse to make a reasonable workplace
  accommodation to a known limitation of an individual described by
  Subsection (a), unless the respondent demonstrates that the
  workplace accommodation would impose an undue hardship on the
  operation of the business of the respondent;
               (2)  take retaliatory personnel action or otherwise
  discriminate against an employee because the employee:
                     (A)  requests or uses a workplace accommodation in
  accordance with this section; or
                     (B)  files a complaint with the commission
  alleging the employer's violation of this section;
               (3)  deny an employment opportunity to an individual
  described by Subsection (a) if the denial is based on the need of
  the respondent to make a reasonable workplace accommodation to the
  known limitation of the individual described by that subsection;
               (4)  require an individual described by Subsection (a)
  to accept a workplace accommodation that the individual chooses not
  to accept; or
               (5)  require an individual described by Subsection (a)
  who is an employee to take leave under leave law or a policy of the
  respondent if it was possible to provide another reasonable
  workplace accommodation to the employee. 
         (c)  An employer shall engage in a timely, good faith, and
  interactive process with an individual described by Subsection (a)
  to determine an effective reasonable workplace accommodation.
         (d)  For purposes of this section, a reasonable workplace
  accommodation may include:
               (1)  providing the employee more frequent or longer
  breaks;
               (2)  providing the employee time off to recover from
  childbirth;
               (3)  acquiring or modifying equipment;
               (4)  allowing the employee to perform job functions
  while seated;
               (5)  temporarily transferring the employee to a less
  strenuous or hazardous position;
               (6)  restructuring the employee's job;
               (7)  assigning the employee to light duty;
               (8)  providing the employee adequate break time and
  private space in a location other than a bathroom for expressing
  breast milk;
               (9)  assisting the employee with manual labor; and
               (10)  modifying the employee's work schedule.
         (e)  This section does not require an employer to:
               (1)  create additional employment positions that the
  employer would not have otherwise created, unless the employer does
  so or would do so for other classes of employees who need workplace
  accommodation; or
               (2)  discharge any employee, transfer any employee with
  more seniority, or promote any employee who is not qualified to
  perform the job, unless the employer does so or would do so to
  accommodate other classes of employees who need workplace
  accommodation.
         (f)  A respondent who raises the defense of undue hardship
  bears the burden of establishing that an undue hardship exists in
  relation to:
               (1)  the nature and cost of the workplace
  accommodation;
               (2)  the overall financial resources of the employer;
               (3)  the effect on expenses and resources or any other
  impact of the workplace accommodation on the operation of the
  employer; and
               (4)  the overall size of the business of the employer
  with respect to the number of employees and the number, type, and
  location of its facilities.
         (g)  Each employer shall inform its employees of their rights
  under this section by:
               (1)  posting a conspicuous sign in a prominent location
  in the employer's workplace; and
               (2)  providing written notice to each employee:
                     (A)  on the employee's hire; and
                     (B)  not later than the 10th day after the date the
  employee informs the employer that the employee is pregnant.
         (h)  The commission shall develop courses of instruction and
  conduct ongoing public education efforts as necessary to inform
  employers, employees, employment agencies, and job applicants
  about their respective rights and duties under this section.
         (i)  This section does not diminish the employment
  protection for pregnancy, childbirth, or a medical condition
  related to pregnancy or childbirth provided under any other
  provision of this chapter or other law.
         SECTION 2.  (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 that occurs on or after the
  effective date of this Act. A claim of discrimination that is based
  on conduct that occurs before the effective date of this Act 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)  The change in law made by Section 21.1285(g)(2)(A),
  Labor Code, as added by this Act, requiring an employer to provide
  written notice of an employee's rights under Section 21.1285, Labor
  Code, as added by this Act, at the time the employee is hired,
  applies to an employee hired on or after the effective date of this
  Act. For an employee hired before that date, the employer must give
  the written notice required by that section to the employee before
  December 1, 2019.
         SECTION 3.  This Act takes effect September 1, 2019.
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