By Thompson                                           H.B. No. 1082
         77R4321 PB-F                           
                                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 three or
1-17     more employees.  The term includes the state and a political
1-18     subdivision of the state.
1-19                 (4)  "Equivalent job" means a job or occupation that:
1-20                       (A)  constitutes equal work as that term is used
1-21     under 29 U.S.C. Section 206(d); or
1-22                       (B)  is dissimilar but whose requirements are
1-23     equivalent if viewed as a composite of skills, effort,
1-24     responsibility, and working conditions.
 2-1                 (5)  "Labor organization" has the meaning assigned by
 2-2     Section 21.002.
 2-3                 (6)  "Market rate" means the rate that employers within
 2-4     a prescribed geographic area actually pay, or are reported to pay,
 2-5     for specific jobs, as determined by formal or informal surveys,
 2-6     wage studies, or other means.
 2-7                 (7)  "Wages" has the meaning assigned by Section
 2-8     61.001.
2-10     (a) It is an unlawful employment practice in violation of this
2-11     chapter and Chapter 21 for an employer to discriminate among
2-12     employees on the basis of race, color, disability, religion, sex,
2-13     national origin, or age, by paying wages to an employee:
2-14                 (1)  at a rate less than the rate paid to an employee
2-15     who is not a member of a protected class described by this
2-16     subsection for work in an equivalent job; or
2-17                 (2)  in a job that is dominated by employees of a
2-18     particular race, color, disability, religion, sex, national origin,
2-19     or age, at a rate less than the rate that the employer pays to
2-20     employees in another job that is dominated by employees of the
2-21     opposite sex or of a different race, color, religion, national
2-22     origin, or age for work on equivalent jobs.
2-23           (b)  Notwithstanding Subsection (a), it is not an unlawful
2-24     employment practice for an employer to pay different wage rates to
2-25     employees if the difference is based on:
2-26                 (1)  a bona fide seniority or merit system;
2-27                 (2)  a system that measures earnings by quantity or
 3-1     quality of production; or
 3-2                 (3)  a bona fide factor other than race, color,
 3-3     disability, religion, sex, national origin, or age.
 3-4           (c)  For purposes of Subsection (b)(3), a wage differential
 3-5     based on  varying market rates for equivalent jobs or the differing
 3-6     economic benefits to the employer of equivalent jobs is not
 3-7     considered a differential based on a bona fide factor other than
 3-8     race, color, disability, religion, sex, national origin, or age.
 3-9           (d)  An employer who is paying wages in violation of this
3-10     section may not, in order to comply with this section, reduce the
3-11     wage of an employee.
3-12           (e)  A labor organization or its agents representing
3-13     employees of an employer who has employees subject to this chapter
3-14     may not cause or attempt to cause the employer to discriminate
3-15     against an employee in violation of Subsection (a).
3-16           (f)  The Commission on Human Rights by rule shall adopt
3-17     guidelines specifying the criteria for determining whether a job is
3-18     dominated by employees of a particular race, color, disability,
3-19     religion, sex, national origin, or age.  The criteria must include:
3-20                 (1)  whether the job has ever been formally classified
3-21     as or traditionally considered to be a "male" or "female" job or a
3-22     "white" or "minority" job;
3-23                 (2)  whether there is a history of discrimination
3-24     against persons in a protected class with regard to wages,
3-25     assignment, access to jobs, or other terms and conditions of
3-26     employment; and
3-27                 (3)  the demographic composition of the workforce in
 4-1     equivalent jobs.
 4-2           (g)  The guidelines adopted under Subsection (f) may not
 4-3     include a list of jobs.
 4-4           Sec. 24.003.  OTHER PROHIBITED ACTS.  It is an unlawful
 4-5     employment practice in violation of this chapter and  Chapter 21
 4-6     for an employer to:
 4-7                 (1)  take an adverse action or otherwise discriminate
 4-8     against a person because the person has:
 4-9                       (A)  opposed an act or practice made unlawful by
4-10     this chapter;
4-11                       (B)  sought to enforce rights protected under
4-12     this chapter; or
4-13                       (C)  testified, assisted, or participated in any
4-14     manner in an investigation, hearing, or other proceeding to enforce
4-15     this chapter; or
4-16                 (2)  discharge or in any other manner discriminate
4-17     against, coerce, intimidate, threaten, or interfere with an
4-18     employee or other person because the person:
4-19                       (A)  inquired about, disclosed, compared, or
4-20     otherwise discussed an employee's wages; or
4-21                       (B)  exercised or enjoyed, or aided or encouraged
4-22     another person to exercise or enjoy, any right granted or protected
4-23     by this chapter.
4-25     REQUIREMENTS.  (a) On the commencement of a person's employment and
4-26     at least annually thereafter, each employer subject to this chapter
4-27     shall provide to each employee a written statement sufficient to
 5-1     inform the employee of the employee's job title and wage rate and
 5-2     the method used to compute the wage. The employer shall supplement
 5-3     the notice when the employee is promoted or reassigned to a
 5-4     different position with the employer.  The employer is not required
 5-5     to issue supplemental notices for a temporary reassignment that is
 5-6     for a term that does not exceed three months.
 5-7           (b)  Each employer subject to this chapter shall compile and
 5-8     maintain records that contain:
 5-9                 (1)  the wages paid to each employee; and
5-10                 (2)  the method, system, computations, and other
5-11     factors used to establish, adjust, and determine the wage rates
5-12     paid to the employee.
5-13           (c)  The employer shall maintain the records required under
5-14     Subsection (b) for the period required by rules adopted by the
5-15     Texas Workforce Commission and shall submit  reports based on those
5-16     records to the Texas Workforce Commission and the Commission on
5-17     Human Rights as prescribed by rules adopted by those agencies.
5-18     Those rules shall protect the confidentiality of employees and must
5-19     expressly require that the reports not include the names or other
5-20     identifying information from which a person could discern the
5-21     identity of an employee.  The rules may also specify circumstances
5-22     that warrant a prohibition on disclosure under Chapter 552,
5-23     Government Code, of the report or of information identifying the
5-24     employer.
5-25           (d)  The Texas Workforce Commission and Commission on Human
5-26     Rights may use the information collected under Subsection (c) for
5-27     statistical and research purposes and may compile and publish
 6-1     studies, analyses, reports, and surveys based on that information
 6-2     as considered appropriate by those agencies.
 6-3           Sec. 24.005.  COMPLAINT; ENFORCEMENT.  (a) A person aggrieved
 6-4     by an unlawful employment practice under this chapter may file a
 6-5     complaint with the Commission on Human Rights.  A complaint filed
 6-6     under this section is subject to Subchapters E and F, Chapter 21.
 6-7           (b)  The Commission on Human Rights shall enforce this
 6-8     chapter  in accordance with Chapter 21.
 6-9           SECTION 2.  (a) Except as provided by Subsection (c) of this
6-10     section, this Act takes effect September 1, 2001.
6-11           (b)  The Texas Workforce Commission and the Commission on
6-12     Human Rights shall adopt rules as required by Chapter 24, Labor
6-13     Code, as added by this Act, not later than December 1, 2001.
6-14           (c)  Section 24.005, Labor Code, as added by this Act, takes
6-15     effect January 1, 2002.