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.