By Thompson, Hamric, Rangel,                          H.B. No. 1082
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a prohibition on employment discrimination in
 1-3     compensation; providing penalties.
 1-5           SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by
 1-6     adding Chapter 24 to read as follows:
 1-8           Sec. 24.001.  DEFINITIONS. In this chapter:
 1-9                 (1)  "Employ" means to suffer or permit to work.
1-10                 (2)  "Employee" means a person employed by an employer.
1-11     The term includes all of an employer's permanent employees, whether
1-12     working full-time or part-time, and any temporary employee employed
1-13     by an employer for a period of at least three months.  The term
1-14     does not include a person employed by the person's parents, spouse,
1-15     or child.
1-16                 (3)  "Employer" means a person who employs 50 or more
1-17     employees.  The term includes the state and a political subdivision
1-18     of the state.
1-19                 (4)  "Equivalent job" means a job or occupation the
1-20     performance of which requires equal skill, effort, and
1-21     responsibility and that is performed under similar working
1-22     conditions.
1-23                 (5)  "Labor organization" has the meaning assigned by
1-24     Section 21.002.
1-25                 (6)  "Market rate" means the rate that employers within
 2-1     a prescribed geographic area actually pay, or are reported to pay,
 2-2     for specific jobs, as determined by formal or informal surveys,
 2-3     wage studies, or other means.
 2-4                 (7)  "Wages" has the meaning assigned by Section
 2-5     61.001.
 2-7     (a) It is an unlawful employment practice in violation of this
 2-8     chapter and Chapter 21 for an employer to discriminate among
 2-9     employees on the basis of race, color, disability, religion, sex,
2-10     national origin, or age by paying wages to an employee at a rate
2-11     less than the rate paid to an employee who is not a member of a
2-12     protected class described by this subsection for work in an
2-13     equivalent job.
2-14           (b)  Notwithstanding Subsection (a), it is not an unlawful
2-15     employment practice for an employer to pay different wage rates to
2-16     employees if the difference is based on:
2-17                 (1)  a bona fide seniority or merit system;
2-18                 (2)  a system that measures earnings by quantity or
2-19     quality of production; or
2-20                 (3)  a bona fide factor other than race, color,
2-21     disability, religion, sex, national origin, or age.
2-22           (c)  For purposes of Subsection (b)(3), a wage differential
2-23     based on varying market rates for equivalent jobs or the differing
2-24     economic benefits to the employer of equivalent jobs is considered
2-25     a differential based on a bona fide factor other than race, color,
2-26     disability, religion, sex, national origin, or age.
2-27           (d)  An employer who is paying wages in violation of this
 3-1     section may not, in order to comply with this section, reduce the
 3-2     wage of an employee.
 3-3           (e)  A labor organization or its agents representing
 3-4     employees of an employer who has employees subject to this chapter
 3-5     may not cause or attempt to cause the employer to discriminate
 3-6     against an employee in violation of Subsection (a).
 3-7           (f)  The Commission on Human Rights by rule shall adopt
 3-8     guidelines specifying the criteria for determining whether a job is
 3-9     dominated by employees of a particular race, color, disability,
3-10     religion, sex, national origin, or age.  The criteria must include:
3-11                 (1)  whether the job has ever been formally classified
3-12     as a "male" or "female" job or a "white" or "minority" job;
3-13                 (2)  whether there is a history of discrimination
3-14     against persons in a protected class with regard to wages,
3-15     assignment, access to jobs, or other terms and conditions of
3-16     employment; and
3-17                 (3)  the demographic composition of the workforce in
3-18     equivalent jobs.
3-19           (g)  The guidelines adopted under Subsection (f) may include
3-20     a list of jobs.
3-21           Sec. 24.003.  OTHER PROHIBITED ACTS. It is an unlawful
3-22     employment practice in violation of this chapter and  Chapter 21
3-23     for an employer to:
3-24                 (1)  take an adverse action or otherwise discriminate
3-25     against a person because the person has:
3-26                       (A)  opposed an act or practice made unlawful by
3-27     this chapter;
 4-1                       (B)  sought to enforce rights protected under
 4-2     this chapter; or
 4-3                       (C)  testified, assisted, or participated in any
 4-4     manner in an investigation, hearing, or other proceeding to enforce
 4-5     this chapter; or
 4-6                 (2)  discharge or in any other manner discriminate
 4-7     against, coerce, intimidate, threaten, or interfere with an
 4-8     employee or other person because the person:
 4-9                       (A)  inquired about, disclosed, compared, or
4-10     otherwise discussed an employee's wages; or
4-11                       (B)  exercised or enjoyed, or aided or encouraged
4-12     another person to exercise or enjoy, any right granted or protected
4-13     by this chapter.
4-15     REQUIREMENTS. (a)  On the request of  an employee, and not more
4-16     than once annually thereafter, each employer subject to this
4-17     chapter shall provide to each employee a written statement
4-18     sufficient to inform the employee of the employee's job title and
4-19     wage rate.  On the employee's request, the employer shall
4-20     supplement the notice when the employee is promoted, receives a
4-21     raise, or is reassigned to a different position with the employer.
4-22     The employer is not required to issue supplemental notices for a
4-23     temporary reassignment for a term that does not exceed three
4-24     months.  For purposes of this subsection, an employee's pay stub
4-25     constitutes a sufficient written statement if the pay stub includes
4-26     the employee's job title and wage rate.
4-27           (b)  The Texas Workforce Commission shall submit the
 5-1     information contained in quarterly  unemployment insurance records
 5-2     on an annual basis to the Commission on Human Rights. The
 5-3     Commission on Human Rights shall maintain the records on file for a
 5-4     period not to exceed five years.  The Commission on Human Rights
 5-5     shall adopt rules that protect the confidentiality of employees and
 5-6     shall expressly require that the reports not include names or other
 5-7     identifying information from which a person could discern the
 5-8     identity of an employee.   The rules may also specify circumstances
 5-9     that warrant a prohibition on disclosure under Chapter 552,
5-10     Government Code, of the report or of information identifying the
5-11     employer.
5-12           (c)  The Commission on Human Rights may use the information
5-13     collected under Subsection (b) for statistical and research
5-14     purposes and may compile and publish studies, analyses, reports,
5-15     and surveys based on that information as considered appropriate by
5-16     that commission.
5-17           (d)  The Commission on Human Rights shall issue a report to
5-18     the legislature before the start of each regular legislative
5-19     session on the extent and nature of wage discrimination from
5-20     information gathered under this section and from complaints
5-21     received by the commission.
5-22           Sec. 24.005.  COMPLAINT; ENFORCEMENT. (a)  A person aggrieved
5-23     by an unlawful employment practice under this chapter may file a
5-24     complaint with the Commission on Human Rights.  A complaint filed
5-25     under this section is subject to Subchapters E and F, Chapter 21.
5-26           (b)  The Commission on Human Rights shall enforce this
5-27     chapter  in accordance with Chapter 21.
 6-1           (c)  The Commission on Human Rights may request any employer
 6-2     subject to a complaint under this chapter to compile records that
 6-3     contain:
 6-4                 (1)  the wage paid to each employee; and
 6-5                 (2)  the method, system, computations, and other
 6-6     factors used to establish, adjust, and determine the wage rates
 6-7     paid to the employee.
 6-8           SECTION 2.  (a) Except as provided by Subsection (b) of this
 6-9     section, this Act takes effect September 1, 2001.
6-10           (b)  Section 24.005, Labor Code, as added by this Act, takes
6-11     effect January 1, 2003.