By: Barrientos S.B. No. 1698 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 employment discrimination based on certain 1-3 employer-imposed language requirements. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended 1-6 by adding Section 21.0591 to read as follows: 1-7 Sec. 21.0591. DISCRIMINATION BASED ON CERTAIN 1-8 EMPLOYER-IMPOSED LANGUAGE REQUIREMENTS. (a) An employer commits 1-9 an unlawful employment practice if the employer requires an 1-10 employee to speak only the English language or only another 1-11 language at certain times in the workplace. 1-12 (b) Except as provided by Subsection (d), an employer does 1-13 not commit an unlawful employment practice if the employer requires 1-14 an employee to speak only the English language or only another 1-15 language at certain times in the workplace if the employer 1-16 demonstrates that the requirement is justified by business 1-17 necessity. 1-18 (c) If an employer adopts a language requirement under 1-19 Subsection (b), the employer must give notice to an employee of: 1-20 (1) the general circumstances in which an employee is 1-21 required to speak only the English language or only another 1-22 language in the workplace; and 1-23 (2) the consequences of violating the requirement. 2-1 (d) An employers imposition of a language requirement 2-2 adopted under Subsection (b) is evidence of discrimination on the 2-3 basis of national origin if: 2-4 (1) the employer does not provide the notice required 2-5 by Subsection (c); and 2-6 (2) the employer makes an adverse employment decision 2-7 against the employee based on the employee's violation of the 2-8 language requirement. 2-9 SECTION 2. This Act takes effect September 1, 2001, and 2-10 applies only to a perfected complaint filed with the Commission on 2-11 Human Rights on or after that date. A perfected complaint filed 2-12 before the effective date of this Act is governed by the law in 2-13 effect on the date the perfected complaint was filed, and the 2-14 former law is continued in effect for that purpose.