By Van de Putte S.B. No. 900
77R7650 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a prohibition on employment discrimination in
1-3 compensation.
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 REGARDING COMPENSATION
1-8 Sec. 23.001. 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.
2-9 Sec. 23.002. PROHIBITION AGAINST DISCRIMINATION IN WAGES.
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. 23.003. 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.
4-24 Sec. 23.004. WAGE DISCLOSURE, RECORDKEEPING, AND REPORTING
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. 23.005. 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 23, Labor
6-13 Code, as added by this Act, not later than December 1, 2001.
6-14 (c) Section 23.005, Labor Code, as added by this Act, takes
6-15 effect January 1, 2002.