SRC-DBM S.B. 745 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 745
76R2343  PB-DBy: Shapleigh
Economic Development
5/10/1999
As Filed


DIGEST 

Currently, an employer does not commit an unlawful employment practice, if
the employer requires a bilingual or multi-lingual employee to speak only
English in the workplace.  In 1997, two bilingual clerks employed at the
Allied Insurance Agency in Amarillo were asked to sign a pledge requiring
them to only speak English while working in the office, unless they were
helping customers in another language.  The two clerks refused to sign the
pledge, were terminated, and subsequently, alleged wrongful termination.
The Texas Workforce Commission denied the women unemployment benefits.
S.B. 745 would regulate employment discrimination based on certain
employer-imposed language requirements. 

PURPOSE

As proposed, S.B. 745 regulates employment discrimination based on certain
employer-imposed language requirements. 

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 Chapter 21B, Labor Code, by adding Section 21.0591, as
follows: 

 Sec. 21.0591.  DISCRIMINATION BASED ON CERTAIN EMPLOYER-IMPOSED LANGUAGE
REQUIREMENTS.  (a)  Provides that an employer commits an unlawful
employment practice if the employer requires an employee who is bilingual
or multilingual to speak only the English language while at work. 

(b)  Provides that an employer does not commit an unlawful employment
practice under Subsection (a) by requiring an employee to speak the English
language while the employee is dealing with customers, members of the
public, or other persons who understand only the English language. 

(c)  Provides that an employer does not commit an unlawful employment
practice under Subsection (a) by hiring and employing a person on the basis
of the person's fluency in the English language if fluency in the English
language is a bona fide occupational qualification reasonably necessary for
the performance of a position of employment. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.