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A BILL TO BE ENTITLED
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AN ACT
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relating to certain unlawful employment practices regarding |
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compensation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Labor Code, is amended by |
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adding Chapter 24 to read as follows: |
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CHAPTER 24. UNLAWFUL EMPLOYMENT PRACTICES REGARDING COMPENSATION |
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Sec. 24.001. DEFINITIONS. In this chapter: |
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(1) "Applicant" means a person who has made an oral or |
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written application with an employer, or has sent a resume or other |
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correspondence to an employer, indicating an interest in |
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employment. |
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(2) "Commission" means the Texas Workforce |
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Commission. |
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(3) "Employee" and "employer" have the meanings |
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assigned by Section 21.002. |
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(4) "Wage history information" means information on |
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wages paid by previous employers. |
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(5) "Wages" has the meaning assigned by Section |
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61.001. |
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Sec. 24.002. EMPLOYER INQUIRY INTO AND CONSIDERATION OF |
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WAGE HISTORY INFORMATION. (a) An employer commits an unlawful |
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employment practice in violation of this chapter if the employer: |
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(1) relies on an applicant's or employee's wage |
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history information in determining: |
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(A) whether to hire the applicant; |
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(B) the wages to be paid to the applicant or |
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employee; |
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(C) whether to continue to employ the employee; |
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or |
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(D) whether to promote the employee; |
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(2) seeks, requests, or requires an applicant's or |
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employee's wage history information as a condition of: |
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(A) an applicant being interviewed or receiving |
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an offer of employment; or |
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(B) a current employee's continued employment or |
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promotion; |
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(3) seeks, requests, or requires an applicant's or |
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employee's wage history information from a previous employer of the |
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applicant or employee or other source, unless the wages in that |
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previous employment position are subject to disclosure under |
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Chapter 552, Government Code; |
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(4) refuses to interview, hire, promote, or otherwise |
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employ, or retaliates against, an applicant or employee based on |
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wage history information; or |
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(5) refuses to interview, hire, promote, or otherwise |
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employ, or retaliates against, an applicant or employee who did not |
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provide wage history information. |
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(b) Notwithstanding Subsection (a)(1)(B), if an applicant |
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or employee voluntarily discloses the applicant's or employee's |
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wage history information to an employer, the employer may consider |
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that information in determining the applicant's or employee's |
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wages. |
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(c) An employer may confirm wage history information if at |
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the time an offer of employment with compensation is made, the |
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applicant or employee responds to the offer by providing wage |
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history information to support a wage higher than that offered by |
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the employer. |
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Sec. 24.003. RETALIATION PROHIBITED. An employer commits |
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an unlawful employment practice in violation of this chapter if the |
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employer takes an adverse action or otherwise discriminates against |
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a person because the person has: |
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(1) filed a complaint with the commission alleging the |
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employer's violation of this chapter; |
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(2) opposed an act or practice made unlawful by this |
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chapter; |
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(3) sought to enforce rights protected under this |
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chapter; or |
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(4) testified, assisted, or participated in any manner |
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in an investigation, hearing, or other proceeding to enforce this |
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chapter. |
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Sec. 24.004. LIMITATIONS OF CHAPTER. (a) This chapter does |
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not diminish the rights, privileges, or remedies of an applicant or |
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current or former employee under: |
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(1) any other law or rule; or |
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(2) a collective bargaining agreement or employment |
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contract. |
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(b) This chapter does not affect any federal, state, or |
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local law that requires the disclosure or verification of wage |
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history information. |
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Sec. 24.005. COMPLAINT; ENFORCEMENT. (a) A person |
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aggrieved by an unlawful employment practice under this chapter may |
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file a complaint with the commission in the manner provided under |
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Chapter 21. A complaint filed under this section is subject to |
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Subchapters E and F, Chapter 21. |
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(b) The commission shall enforce this chapter in accordance |
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with Chapter 21. |
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Sec. 24.006. CIVIL ACTION BY APPLICANT OR EMPLOYEE. (a) An |
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applicant or employee aggrieved by a violation of this chapter may |
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bring a civil action to enforce rights protected by this chapter, |
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including an action for appropriate injunctive relief, in the |
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district court in the county in which the alleged violation |
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occurred or in which the alleged violator's residence or principal |
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place of business is located. |
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(b) The prospective employer of an applicant or the employer |
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of an employee who prevails in a civil action under this section is |
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liable to the affected applicant or employee for damages sustained |
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as a result of the violation. |
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(c) In addition to any judgment awarded to a plaintiff who |
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prevails in a civil action brought under this section, the court may |
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award injunctive relief or require the employer to pay reasonable |
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attorney's fees and other costs. |
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Sec. 24.007. INFORMATION FROM AND OUTREACH BY COMMISSION. |
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(a) The commission shall make available to the public on the |
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commission's Internet website information regarding the |
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requirements of and the rights and remedies under this chapter. |
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(b) The commission may conduct additional outreach efforts |
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to inform employers about this chapter. |
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SECTION 2. The changes in law made by this Act apply only to |
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an unlawful employment practice that occurs on or after January 1, |
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2022. |
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SECTION 3. This Act takes effect January 1, 2022. |