HBA-EDN H.B. 816 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 816 By: Maxey State Affairs 2/27/2001 Introduced BACKGROUND AND PURPOSE In 1998, an executive order was issued that protects federal employees against employment discrimination based on sexual orientation. Many states also provide legal protection for state employees against employment discrimination based on sexual orientation. While Texas currently protects state employees from employment discrimination based on race, gender, religion, national origin, and disability, there is no legal protection for state employees from discrimination based on sexual orientation. House Bill 816 prohibits employment discrimination based on sexual orientation or gender identity within state agencies. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Commission on Human Rights in SECTION 1 (Sections 24.002 and 24.003, Labor Code) of this bill. ANALYSIS House Bill 816 amends the Labor Code to prohibit a state agency from: _subjecting an employee or applicant for employment (employee) to different standards or treatment on the basis of sexual orientation or gender identity; _discriminating against an employee based on the sexual orientation or gender identity of persons with whom the employee is believed to associate or to have associated; or _otherwise discriminating against an employee on the basis of sexual orientation or gender identity. H.B. 816 prohibits a state agency from discriminating against an employee because the individual opposes any act or practice prohibited by this bill, makes or files a charge, or assists, testifies, or participates in an investigation, proceeding, or hearing conducted under provisions set forth by this bill. The bill also prohibits a state agency from coercing, intimidating, threatening or interfering with an employee who exercises, enjoys, assists, or encourages the exercise or enjoyment of a right granted or protected by provisions set forth in this bill. Additionally, the bill prohibits a state agency from adopting or implementing a quota or giving preferential treatment to an employee on the basis of sexual orientation or gender identity. H.B. 816 requires each state agency to post notices of these provisions in the form and manner prescribed by rules adopted by the Commission on Human Rights (commission). These provisions do not limit or affect the rights, remedies, or procedures available to an individual who claims discrimination prohibited under federal law, or another law or ordinance of this state. These provisions do not apply to the provision of employee benefits for the benefit of the employee's partner and do not repeal or modify a state law that creates a special employment preference for veterans of the United States armed forces. The fact that a particular employment practice has a disparate impact on the basis of sexual orientation or gender identity does not establish a prima facie violation of these provisions. H.B. 816 provides that the state is liable for a violation of provisions set forth in this bill and provides that sovereign immunity is waived and abolished to the extent of liability created by these provisions. The commission is authorized to adopt rules as necessary to implement provisions set forth in this bill. The commission has the same authority to administer and enforce the provisions set forth in this bill as it currently exercises for employment discrimination. A prevailing party to an action brought under these provisions is entitled to attorney's fees. EFFECTIVE DATE September 1, 2001.