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.
1-4 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 24 to read as follows:
1-7 CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION
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.
2-6 Sec. 24.002. PROHIBITION AGAINST DISCRIMINATION IN WAGES.
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.
4-14 Sec. 24.004. WAGE DISCLOSURE, RECORDKEEPING, AND REPORTING
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.