By Maxey H.B. No. 668
77R6 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prohibition of employment discrimination on the
1-3 basis of sexual orientation or gender identity.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
1-6 adding Chapter 23 to read as follows:
1-7 CHAPTER 23. EMPLOYMENT DISCRIMINATION
1-8 BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 23.001. SHORT TITLE. This chapter may be cited as the
1-11 Texas Employment Nondiscrimination Act.
1-12 Sec. 23.002. DEFINITIONS. In this chapter:
1-13 (1) "Commission" means the Commission on Human Rights.
1-14 (2) "Covered entity" includes an employer, an
1-15 employment agency, a labor organization, a joint labor-management
1-16 committee, or another person.
1-17 (3) "Employer" has the meaning assigned by Section
1-18 21.002(8).
1-19 (4) "Employment agency" has the meaning assigned by
1-20 Section 21.002(9).
1-21 (5) "Gender identity" means the actual or perceived
1-22 gender of an individual.
1-23 (6) "Labor organization" has the meaning assigned by
1-24 Section 21.002(10).
2-1 (7) "Religious organization" means:
2-2 (A) a religious corporation, association, or
2-3 society; or
2-4 (B) a school, institution of higher education,
2-5 or other educational institution, not otherwise a religious
2-6 organization, that:
2-7 (i) is wholly or substantially controlled,
2-8 managed, owned, or supported by a religious organization; or
2-9 (ii) has a curriculum directed toward the
2-10 propagation of a particular religion.
2-11 (8) "Sexual orientation" means the actual or perceived
2-12 status of an individual with respect to the individual's sexuality.
2-13 Sec. 23.003. RULES. The commission may adopt rules as
2-14 necessary to implement this chapter.
2-15 Sec. 23.004. NOTICES. Each covered entity shall post, in
2-16 the form and manner prescribed by commission rule, notices to
2-17 inform employees, applicants for employment, and members of the
2-18 entity of the applicable provisions of this chapter.
2-19 Sec. 23.005. EFFECT ON OTHER LAW. This chapter does not
2-20 limit or affect the rights, remedies, or procedures available to an
2-21 individual who claims discrimination prohibited under federal law,
2-22 another state law, or an order or ordinance of a political
2-23 subdivision of this state.
2-24 Sec. 23.006. NO DISPARATE IMPACT. The fact that a
2-25 particular employment practice has a disparate impact, as that term
2-26 is used under Section 703(k), Civil Rights Act of 1964 (42 U.S.C.
2-27 Section 2000e-2(k)), on the basis of sexual orientation or gender
3-1 identity does not establish a prima facie violation of this
3-2 chapter.
3-3 (Sections 23.007-23.020 reserved for expansion
3-4 SUBCHAPTER B. UNLAWFUL EMPLOYMENT PRACTICES
3-5 Sec. 23.021. DISCRIMINATION PROHIBITED. A covered entity
3-6 may not:
3-7 (1) subject an individual to different standards or
3-8 treatment on the basis of sexual orientation or gender identity;
3-9 (2) discriminate against an individual based on the
3-10 sexual orientation or gender identity of persons with whom the
3-11 individual is believed to associate or to have associated; or
3-12 (3) otherwise discriminate against an individual on
3-13 the basis of sexual orientation or gender identity.
3-14 Sec. 23.022. RETALIATION AND COERCION PROHIBITED. (a) A
3-15 covered entity may not discriminate against an individual because
3-16 the individual:
3-17 (1) opposes any act or practice prohibited by this
3-18 chapter;
3-19 (2) makes or files a charge; or
3-20 (3) assists, testifies, or participates in any manner
3-21 in an investigation, proceeding, or hearing conducted under this
3-22 chapter.
3-23 (b) A covered entity may not coerce, intimidate, threaten,
3-24 or interfere with an individual in the exercise or enjoyment of, or
3-25 because the individual has exercised, enjoyed, assisted, or
3-26 encouraged the exercise or enjoyment of, a right granted or
3-27 protected by this chapter.
4-1 Sec. 23.023. PROHIBITION OF QUOTAS AND PREFERENTIAL
4-2 TREATMENT. A covered entity may not:
4-3 (1) adopt or implement a quota on the basis of sexual
4-4 orientation or gender identity; or
4-5 (2) give preferential treatment to an individual on
4-6 the basis of sexual orientation or gender identity.
4-7 (Sections 23.024-23.040 reserved for expansion
4-8 SUBCHAPTER C. APPLICATION; EXCEPTIONS
4-9 Sec. 23.041. LIABILITY OF GOVERNMENTAL ENTITY. (a) The
4-10 state or a political subdivision of this state is liable for a
4-11 violation of this chapter.
4-12 (b) Sovereign immunity is waived and abolished to the extent
4-13 of liability created by this chapter.
4-14 Sec. 23.042. APPLICATION TO CERTAIN BENEFITS. This chapter
4-15 does not apply to the provision of employee benefits to an
4-16 individual for the benefit of the individual's partner.
4-17 Sec. 23.043. RELIGIOUS ORGANIZATION. (a) Except as
4-18 provided by Subsection (b), this chapter does not apply to a
4-19 religious organization.
4-20 (b) This chapter applies to activities conducted by a
4-21 religious organization for profit to the extent that those
4-22 activities are subject to federal taxation under Section 511(a),
4-23 Internal Revenue Code of 1986, as that section existed on September
4-24 1, 2001.
4-25 Sec. 23.044. VETERANS' PREFERENCE. This chapter does not
4-26 repeal or modify a state or local law that creates a special right
4-27 or preference in employment for a veteran of the armed forces of
5-1 the United States.
5-2 (Sections 23.045-23.060 reserved for expansion
5-3 SUBCHAPTER D. ENFORCEMENT
5-4 Sec. 23.061. COMMISSION AUTHORITY; ENFORCEMENT; PROCEDURES.
5-5 (a) The commission has the same authority to administer and
5-6 enforce this chapter as it exercises under Chapter 21.
5-7 (b) The procedures and remedies applicable to a claim for a
5-8 violation of this chapter are the procedures and remedies
5-9 applicable to a claim brought under Chapter 21.
5-10 Sec. 23.062. ATTORNEY'S FEES. A prevailing party to an
5-11 action brought under this chapter is entitled to attorney's fees in
5-12 the manner provided by Section 21.259.
5-13 SECTION 2. This Act takes effect September 1, 2001, and
5-14 applies to conduct of a covered entity, as that term is defined by
5-15 Chapter 23, Labor Code, as added by this Act, occurring on or after
5-16 that date. Conduct occurring before that date is governed by the
5-17 law in effect on the date the claim was filed, and the former law
5-18 is continued in effect for that purpose.