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.