SRC-SLL S.B. 837 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 837
By: Duncan
Economic Development
3-5-97
As Filed


DIGEST 

Currently, Texas law prohibits discrimination against an employee who has
filed a workers' compensation claim and provides for reasonable damages if
the employee is discriminated against. The purpose of workers'
compensation is to give temporary aid to employees who are injured on the
job.  If a company chooses to terminate an employee with a workers'
compensation claim in the person's background, the employee only has to
prove that the employer's motivation for termination was remotely linked
to the worker's historical compensation claim and not the actual cause.
This bill will limit damages available in a suit for retaliatory discharge
due to a workers' compensation claim to economic damages and will place
the burden of proof on the employee to prove that the previous workers'
compensation claim was the substantial cause of the discharge. 

PURPOSE

As proposed, S.B. 837 limits damages available in a suit for retaliatory
discharge due to a workers' compensation claim to economic damages, and
places the burden of proof on the employee to prove that the previous
workers' compensation claim was the substantial cause of the discharge. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 451.001, Labor Code, to prohibit a person from
discharging an employee because the employee has taken certain actions.
Delete a provision prohibiting any other manner of discrimination against
the employee. 

SECTION 2. Amends Section 451.002,  Labor Code, by amending Subsections
(a) and (c) and adding Subsection (d), to provide that a person who
violates Section 451.001 is liable only for economic damages, rather than
reasonable damages, incurred by the employee as a result of the violation.
Provides that the burden of proof is on the employee to establish that an
action of the employee protected under Section 451.001 was the substantial
cause of the employee's discharge from the position of employment.
Defines "economic damages." 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.