By Oliveira H.B. No. 243
77R1405 AEI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to employment discrimination based on certain
1-3 employer-imposed language requirements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended
1-6 by adding Section 21.0591 to read as follows:
1-7 Sec. 21.0591. DISCRIMINATION BASED ON CERTAIN
1-8 EMPLOYER-IMPOSED LANGUAGE REQUIREMENTS. (a) An employer commits
1-9 an unlawful employment practice if the employer requires an
1-10 employee to speak only the English language in the workplace.
1-11 (b) An employer does not commit an unlawful employment
1-12 practice if the employer requires an employee to speak only the
1-13 English language at certain times in the workplace if the employer
1-14 demonstrates that the requirement is justified by business
1-15 necessity.
1-16 (c) If an employer adopts a requirement under Subsection
1-17 (b), the employer must give notice to an employee of:
1-18 (1) the general circumstances in which an employee is
1-19 required to speak only the English language in the workplace; and
1-20 (2) the consequences of violating the requirement.
1-21 (d) An employer's application of a requirement adopted under
1-22 Subsection (b) is considered to be evidence of discrimination on
1-23 the basis of national origin if:
1-24 (1) the employer does not provide the notice required
2-1 by Subsection (c); and
2-2 (2) the employer makes an adverse employment decision
2-3 against the employee.
2-4 SECTION 2. This Act takes effect September 1, 2001, and
2-5 applies only to a perfected complaint filed with the Commission on
2-6 Human Rights on or after that date. A perfected complaint filed
2-7 before the effective date of this Act is governed by the law in
2-8 effect on the date the perfected complaint was filed, and the
2-9 former law is continued in effect for that purpose.