By Thompson H.B. No. 295
77R1860 AEI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition of certain discrimination in
1-3 applications for employment and employment interviews.
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 21.0515 to read as follows:
1-7 Sec. 21.0515. PROHIBITED DISCRIMINATION IN EMPLOYMENT
1-8 APPLICATIONS AND INTERVIEWS. (a) An employer commits an unlawful
1-9 employment practice if the employer:
1-10 (1) as a condition for consideration for employment:
1-11 (A) requires an applicant for employment to
1-12 disclose in an application form the sexual orientation of the
1-13 applicant; or
1-14 (B) in the course of an interview with an
1-15 applicant for employment, requests the applicant to disclose the
1-16 sexual orientation of the applicant; or
1-17 (2) asks a person other than the applicant, including
1-18 a former employer of the applicant, to offer an assessment of the
1-19 applicant's genuine or perceived sexual orientation.
1-20 (b) This section does not apply to:
1-21 (1) an organization that meets the standards for
1-22 qualification as a religious organization under Section 11.20, Tax
1-23 Code; or
1-24 (2) a school, institution of higher education, or
2-1 other educational institution that:
2-2 (A) is not described by Section 11.20, Tax Code,
2-3 but that is wholly or substantially controlled, managed, owned, or
2-4 supported by an organization described by Subdivision (1); or
2-5 (B) has a curriculum directed toward the
2-6 propagation of a particular religion.
2-7 SECTION 2. This Act takes effect September 1, 2001.