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.