Bill Text: TX HB850 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the prohibition of employment discrimination based on sexual orientation or gender identity or expression.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-02 - Left pending in committee [HB850 Detail]

Download: Texas-2019-HB850-Introduced.html
  86R3146 LED-D
 
  By: E. Johnson of Dallas H.B. No. 850
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prohibition of employment discrimination based on
  sexual orientation or gender identity or expression.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 21.002, Labor Code, is amended by adding
  Subdivisions (9-a) and (13-a) to read as follows:
               (9-a)  "Gender identity or expression" means having or
  being perceived as having a gender-related identity, appearance,
  expression, or behavior, regardless of whether that identity,
  appearance, expression, or behavior is different from that commonly
  associated with the individual's actual or perceived sex.
               (13-a)  "Sexual orientation" means the actual or
  perceived status of an individual with respect to the individual's
  sexuality.
         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, sexual
  orientation, or gender identity or expression 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,
  sexual orientation, or gender identity or expression; or
               (2)  classifies or refers an individual for employment
  on the basis of race, color, disability, religion, sex, national
  origin, [or] age, sexual orientation, or gender identity or
  expression.
         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,
  sexual orientation, or gender identity or expression 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, sexual orientation, or gender identity or expression 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, sexual orientation, or
  gender identity or expression; 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, sexual orientation, or gender
  identity or expression.
         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, sexual
  orientation, or gender identity or expression.
         SECTION 9.  Section 21.113, Labor Code, is amended to read as
  follows:
         Sec. 21.113.  IMBALANCE PLAN NOT REQUIRED.  This chapter
  does not require a person subject to this chapter to grant
  preferential treatment to an individual or a group on the basis of
  race, color, disability, religion, sex, national origin, [or] age,
  sexual orientation, or gender identity or expression because of an
  imbalance between:
               (1)  the total number or percentage of persons of that
  individual's or group's race, color, disability, religion, sex,
  national origin, [or] age, sexual orientation, or gender identity
  or expression:
                     (A)  employed by an employer;
                     (B)  referred or classified for employment by an
  employment agency or labor organization;
                     (C)  admitted to membership or classified by a
  labor organization; or
                     (D)  admitted to or employed in an apprenticeship,
  on-the-job training, or other training or retraining program; and
               (2)  the total number or percentage of persons of that
  race, color, disability, religion, sex, national origin, [or] age,
  sexual orientation, or gender identity or expression in:
                     (A)  a community, this state, a region, or other
  area; or
                     (B)  the available work force in a community, this
  state, a region, or other area.
         SECTION 10.  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, sexual
  orientation, or gender identity or expression.
         SECTION 11.  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, sexual orientation, or gender identity or expression
  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 12.  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, sexual orientation, or
  gender identity or expression.
         SECTION 13.  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, SEXUAL ORIENTATION, OR GENDER IDENTITY OR
  EXPRESSION IN EMPLOYMENT PRACTICES.
         SECTION 14.  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, sexual orientation, or gender identity or
  expression 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, sexual
  orientation, or gender identity or expression is combined with
  objective job-related factors to attain diversity in the employer's
  work force.
         SECTION 15.  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, sexual orientation, or gender identity or expression
  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 16.  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,
  sexual orientation, or gender identity or expression.
         SECTION 17.  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,
  sexual orientation, or gender identity or expression 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 18.  This Act applies to conduct occurring on or
  after the effective date of this Act. 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.
         SECTION 19.  This Act takes effect September 1, 2019.
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