HBA-SEP H.B. 295 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 295
By: Thompson
State Affairs
2/6/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, an employer is not prohibited from asking a job
applicant to reveal the applicant's sexual orientation when considering the
applicant for employment.  House Bill 295 prohibits an employer from
considering an applicant's sexual orientation as a condition for
employment. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 295 amends the Labor Code to provide that an employer commits an
unlawful employment practice if the employer requires an applicant to
disclose, in an application form or in the course of an interview, the
applicant's sexual orientation as a condition for consideration for
employment.  The employer also commits an unlawful employment practice if
the employer asks a person other than the applicant, including a former
employer of the applicant, to offer an assessment of the applicant's
genuine or perceived sexual orientation.  The bill sets forth that this
provision is not applicable to an organization that meets the legal
standards for qualification as a religious organization.  This provision is
also not applicable to a school, institution of higher education, or other
educational institution that is wholly or substantially controlled,
managed, owned, or supported by an organization that meets the legal
standards for qualification as a religious organization or has a curriculum
directed toward the propagation of a particular religion. 

EFFECTIVE DATE

September 1, 2001.