74R11585 JMM-F
By Coleman H.B. No. 1978
Substitute the following for H.B. No. 1978:
By Oliveira C.S.H.B. No. 1978
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the application of certain laws prohibiting employment
1-3 discrimination.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 21.002, Labor Code, is amended by adding
1-6 Subdivision (14) to read as follows:
1-7 (14) "Undue hardship" has the meaning assigned by the
1-8 Americans with Disabilities Act of 1990 (42 U.S.C. Section 12111),
1-9 and the interpretive regulations adopted by the Equal Employment
1-10 Opportunity Commission under that section.
1-11 SECTION 2. Subchapter C, Chapter 21, Labor Code, is amended
1-12 by adding Section 21.130 to read as follows:
1-13 Sec. 21.130. REASONABLE ACCOMMODATION; GOOD FAITH EFFORT.
1-14 (a) It is an unlawful employment practice for a respondent covered
1-15 under this chapter to fail or refuse to make a reasonable workplace
1-16 accommodation to a known physical or mental limitation of an
1-17 otherwise qualified individual with a disability who is an employee
1-18 or applicant for employment, unless the respondent demonstrates
1-19 that the accommodation would impose an undue hardship on the
1-20 operation of the business of the respondent.
1-21 (b) A showing of undue hardship by the respondent is a
1-22 defense to a complaint of discrimination made by an otherwise
1-23 qualified individual with a disability. In considering a complaint
1-24 based on a disability, the commission shall consider the
2-1 reasonableness of the cost of any necessary workplace accommodation
2-2 and the availability of alternatives or other appropriate relief.
2-3 (c) A person who raises the defense of undue hardship bears
2-4 the burden of establishing that an undue hardship exists in
2-5 relation to:
2-6 (1) the nature and cost of the accommodation;
2-7 (2) the overall financial resources of a facility
2-8 involved in providing the reasonable accommodation;
2-9 (3) the number of persons employed at the facility;
2-10 (4) the effect on expenses and resources or any other
2-11 impact of the accommodation on the operation of the facility;
2-12 (5) the overall financial resources of the person;
2-13 (6) the overall size of the business of the person
2-14 with respect to the number of employees;
2-15 (7) the number, type, and location of the facilities;
2-16 (8) the type of operation of the person, including the
2-17 composition, structure, and functions of the person's workforce;
2-18 and
2-19 (9) the geographic distance and administrative or
2-20 fiscal relationship between the facility in question and the
2-21 person.
2-22 (d) A person who requests a reasonable accommodation must be
2-23 allowed to provide the person's own accommodation or to pay part of
2-24 the cost of the accommodation that results in the claimed undue
2-25 hardship.
2-26 (e) In a complaint in which a discriminatory employment
2-27 practice involves the provision of a reasonable workplace
3-1 accommodation under this chapter, damages may not be awarded under
3-2 Subchapter F if the respondent demonstrates good faith efforts, in
3-3 consultation with the otherwise qualified individual with a
3-4 disability who has informed the respondent that accommodation is
3-5 needed, to identify and make a reasonable workplace accommodation
3-6 that would provide the individual with an equally effective
3-7 opportunity and would not cause an undue hardship on the operation
3-8 of the business.
3-9 SECTION 3. Subchapter F, Chapter 21, Labor Code, is amended
3-10 by adding Section 21.2586 to read as follows:
3-11 Sec. 21.2586. LIABILITY OF AGENTS; CONTRIBUTION. (a) A
3-12 person who acts on behalf of a respondent in providing or
3-13 administering employee benefits may not engage in an unlawful
3-14 practice under this chapter.
3-15 (b) The delegation of responsibility for providing or
3-16 administering employee benefits does not insulate a respondent from
3-17 liability under this chapter.
3-18 (c) If an agent of a respondent that provides or administers
3-19 employee benefits is identified in an investigation as having
3-20 engaged in or contributed to an unlawful employment practice, the
3-21 plaintiff in a suit brought under this chapter is entitled to
3-22 equitable relief and reasonable attorney's fees from the agent to
3-23 the same extent as authorized against a respondent under this
3-24 chapter.
3-25 (d) A respondent may recover damages, costs associated with
3-26 equitable relief, and attorney's fees from an agent of the
3-27 respondent that provides or administers employee benefits and is
4-1 found to have engaged in conduct prohibited by this chapter.
4-2 SECTION 4. This Act takes effect September 1, 1995, and
4-3 applies only to a perfected complaint filed with the Texas
4-4 Commission on Human Rights on or after that date. A perfected
4-5 complaint filed before the effective date of this Act is governed
4-6 by the law in effect at the time the complaint was filed, and the
4-7 former law is continued in effect for that purpose.
4-8 SECTION 5. (a) In addition to the changes in law made by
4-9 this Act to the application of certain laws prohibiting employment
4-10 discrimination, this Act conforms certain provisions of the Labor
4-11 Code regarding those laws to certain changes made by Chapter 276,
4-12 Acts of the 73rd Legislature, Regular Session, 1993.
4-13 (b) To the extent of any conflict, this Act prevails over
4-14 another Act of the 74th Legislature, Regular Session, 1995,
4-15 relating to nonsubstantive additions to and corrections in enacted
4-16 codes.
4-17 SECTION 6. The importance of this legislation and the
4-18 crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended.