By Brimer                                             H.B. No. 3615
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the clarifying prohibition against impermissible
 1-3     consideration of race, color, sex, national origin, religion, age,
 1-4     or disability in employment practices.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 21.125, Labor Code, is amended to read as
 1-7     follows:
 1-8           (a)  Except as otherwise provided by this chapter, an
 1-9     unlawful employment practice is established when the complainant
1-10     demonstrates by direct evidence that race, color, sex, national
1-11     origin, religion, age, or disability was a motivating factor for an
1-12     employment practice, even if other factors also motivated the
1-13     practice, unless race, color, sex, national origin, religion, age,
1-14     or disability is combined with objective job-related factors to
1-15     attain diversity in the employer's work force.
1-16           (b)  In a complaint in which a complainant proves a violation
1-17     under Subsection (a) and a respondent demonstrates that the
1-18     respondent would have taken the same action in the absence of the
1-19     impermissible motivating factor, the court may grant declaratory
1-20     relief, injunctive relief except as otherwise provided by this
1-21     subsection, and attorney's fees and costs demonstrated to be
1-22     directly attributable only to the pursuit of a complaint under
1-23     Subsection (a), but may not award damages or issue an order
 2-1     requiring an admission, reinstatement, hiring, promotion, or back
 2-2     pay.
 2-3           (c)  In a complaint in which the complainant does not offer
 2-4     direct evidence of discriminatory intent, an unlawful employment
 2-5     practice is established if the complainant demonstrates that but
 2-6     for the complainant's race, color, sex, national origin, religion,
 2-7     age, or disability, the employer would not have taken the action
 2-8     which the complainant alleges is discriminatory.
 2-9           (d)  In no case shall the opinions or statements of persons
2-10     who did not participate in the employment action alleged by the
2-11     complainant to be discriminatory, or performance evaluations or
2-12     appraisals conducted one or more years before the employment
2-13     action, be considered evidence that the employer's purported reason
2-14     for its action is pretextual.
2-15           (e)  The courts of the state shall apply the same standards
2-16     as the federal courts having jurisdiction over actions arising in
2-17     the state in evaluating evidence in actions brought under this
2-18     subchapter.
2-19           SECTION 2.  This Act takes effect September 1, 2001.