SRC-MWN H.B. 1082 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1082
By: Thompson (Van de Putte)
Business & Commerce
5/10/2001
Engrossed


DIGEST AND PURPOSE 

The Federal Equal Pay Act of 1963 prohibits sex-based wage discrimination
between men and women in the same establishment who are performing under
similar working conditions. H.B. 1082 provides that it is an unlawful
employment practice for an employer of 50 or more employees to discriminate
against employees on certain non bona fide factors, or to retaliate against
an employee in certain circumstances, and sets forth requirements for wage
disclosure, record keeping, and reporting.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Commission on Human Rights
in SECTION 1 (Sections 24.002 and 24.004, Labor Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2A, Labor Code, by adding Chapter 24, as follows:

CHAPTER 24.  EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION

Sec. 24.001.  DEFINITIONS. Defines "employ," "employee," "employer," "labor
organization," "market rate," and "wages." 

Sec. 24.002.  PROHIBITION AGAINST DISCRIMINATION IN WAGES. (a) Provides
that it is an unlawful employment practice in violation of this chapter and
Chapter 21 for an employer to discriminate among employees on the basis of
race, color, disability, religion, sex, national origin, or age by paying
wages to an employee at a rate less than the rate paid to an employee who
is not a member of a protected class described by this subsection for work
in an equivalent job. 

(b)  Provides that notwithstanding Subsection (a), it is not an unlawful
employment practice for an employer to pay different wage rates to
employees if the difference is based on certain criteria. 

(c)  Provides that for purposes of Subsection (b)(3), a wage differential
based on varying market rates for equivalent jobs or the differing economic
benefits to the employer of equivalent jobs is considered a differential
based on a bona fide factor other than race, color, disability, religion,
sex, national origin, or age. 
 
(d)  Prohibits an employer who is paying wages in violation of this section
from, in order to comply with this section, reducing the wage of an
employee. 

(e)  Prohibits a labor organization or its agents representing employees of
an employer who has employees subject to this chapter from causing or
attempting to cause the employer to discriminate against an employee in
violation of Subsection (a). 

 (f)  Requires the Commission on Human Rights by rule to adopt guidelines
specifying the criteria for determining whether a job is dominated by
employees of a particular race, color, disability, religion, sex, national
origin, or age.  Requires the criteria to include certain information. 

(g)  Authorizes the guidelines adopted under Subsection (f) to include a
list of jobs. 

Sec. 24.003.  OTHER PROHIBITED ACTS. Provides that it is an unlawful
employment practice in violation of this chapter and  Chapter 21 for an
employer to perform certain acts. 

Sec. 24.004.  WAGE DISCLOSURE, RECORDKEEPING, AND REPORTING REQUIREMENTS.
(a)  Requires each employer subject to this chapter, on the request of  an
employee, and not more than once annually thereafter, to provide to each
employee a written statement sufficient to inform the employee of the
employee's job title and wage rate.  Requires the employer, on the
employee's request, to supplement the notice when the employee is promoted,
receives a raise, or is reassigned to a different position with the
employer. Provides that the employer is not required to issue supplemental
notices for a temporary reassignment for a term that does not exceed three
months.  Provides that for purposes of this subsection, an employee's pay
stub constitutes a sufficient written statement if the pay stub includes
the employee's job title and wage rate. 

(b)  Requires the Texas Workforce Commission to submit the information
contained in quarterly  unemployment insurance records on an annual basis
to the Commission on Human Rights. Requires the Commission on Human Rights
to maintain the records on file for a period not to exceed five years.
Requires the Commission on Human Rights to adopt rules that protect the
confidentiality of employees and to expressly require that the reports not
include names or other identifying information from which a person could
discern the identity of an employee.   Authorizes the rules to also specify
circumstances that warrant a prohibition on disclosure under Chapter 552,
Government Code, of the report or of information identifying the employer. 

(c)  Authorizes the Commission on Human Rights to use the information
collected under Subsection (b) for statistical and research purposes and to
compile and publish studies, analyses, reports, and surveys based on that
information as considered appropriate by that commission. 

(d)  Requires the Commission on Human Rights to issue a report to the
legislature before the start of each regular legislative session on the
extent and nature of wage discrimination from information gathered under
this section and from complaints received by the commission. 

Sec. 24.005.  COMPLAINT; ENFORCEMENT. (a)  Authorizes a person aggrieved by
an unlawful employment practice under this chapter to file a complaint with
the Commission on Human Rights.  Provides that a complaint filed under this
section is subject to Subchapters E and F, Chapter 21. 

(b)  Requires the Commission on Human Rights to enforce this chapter  in
accordance with Chapter 21. 

(c)  Authorizes the Commission on Human Rights to request any employer
subject to a complaint under this chapter to compile records that contain
certain information. 
  
SECTION 2.  (a) Provides that except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2001. 

 (b)  Provides that Section 24.005, Labor Code, as added by this Act, takes
effect January 1, 2003.