HBA-JEK H.B. 2590 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2590 By: Ehrhardt Public Education 4/12/2001 Introduced BACKGROUND AND PURPOSE Current law prohibits an employer that is a county, municipality, state agency, or state instrumentality from taking negative employment action against an employee based on race, color, disability, religion, sex, national origin, or age. The law does not specifically address unlawful employment practices by school districts or discrimination based on sexual orientation or gender identity. While some local governments have prohibited employment discrimination based on sexual orientation or gender identity, state law does not provide recourse for such discrimination. House Bill 2590 expands provisions regarding unlawful employment practice to school districts and prohibits school districts from discriminating against employees based on sexual orientation or gender identity. 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 2590 amends the Labor Code to provide that an employer who is a school district commits an unlawful employment practice if the employer because of race, color, disability, religion, gender, gender identity, national origin, age, or sexual orientation: _fails or refuses to hire an individual; _discharges an individual; _discriminates against an individual in connection with compensation or the terms, conditions, or privileges of employment; or _limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive an individual of any employment opportunity or adversely affect in any other manner the status of the employee. EFFECTIVE DATE September 1, 2001.