78R6403 PB-F
By: Thompson H.B. No. 1244
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on employment discrimination in
compensation; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
adding Chapter 24 to read as follows:
CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION
Sec. 24.001. DEFINITIONS. In this chapter:
(1) "Employ" means to suffer or permit to work.
(2) "Employee" means a person employed by an employer.
The term includes all of an employer's permanent employees, whether
working full-time or part-time, and any temporary employee employed
by an employer for a period of at least three months. The term does
not include a person employed by the person's parents, spouse, or
child.
(3) "Employer" means a person who employs 50 or more
employees. The term includes the state and a political subdivision
of the state.
(4) "Equivalent job" means a job or occupation the
performance of which requires equal skill, effort, and
responsibility and that is performed under similar working
conditions.
(5) "Labor organization" has the meaning assigned by
Section 21.002.
(6) "Market rate" means the rate that employers within
a prescribed geographic area actually pay, or are reported to pay,
for specific jobs, as determined by formal or informal surveys,
wage studies, or other means.
(7) "Wages" has the meaning assigned by Section
61.001.
Sec. 24.002. PROHIBITION AGAINST DISCRIMINATION IN WAGES.
(a) It is an unlawful employment practice in violation of this
chapter and Chapter 21 for an employer to discriminate among
employees on the basis of race, color, disability, religion, sex,
national origin, or age by paying wages to an employee at a rate
less than the rate paid to an employee who is not a member of a
protected class described by this subsection for work in an
equivalent job.
(b) Notwithstanding Subsection (a), it is not an unlawful
employment practice for an employer to pay different wage rates to
employees if the difference is based on:
(1) a bona fide seniority or merit system;
(2) a system that measures earnings by quantity or
quality of production; or
(3) a bona fide factor other than race, color,
disability, religion, sex, national origin, or age.
(c) For purposes of Subsection (b)(3), a wage differential
based on varying market rates for equivalent jobs or the differing
economic benefits to the employer of equivalent jobs is considered
a differential based on a bona fide factor other than race, color,
disability, religion, sex, national origin, or age.
(d) An employer who is paying wages in violation of this
section may not, in order to comply with this section, reduce the
wage of an employee.
(e) A labor organization or its agents representing
employees of an employer who has employees subject to this chapter
may not cause or attempt to cause the employer to discriminate
against an employee in violation of Subsection (a).
(f) The Commission on Human Rights by rule shall adopt
guidelines specifying the criteria for determining whether a job is
dominated by employees of a particular race, color, disability,
religion, sex, national origin, or age. The criteria must include:
(1) whether the job has ever been formally classified
as a "male" or "female" job or a "white" or "minority" job;
(2) whether there is a history of discrimination
against persons in a protected class with regard to wages,
assignment, access to jobs, or other terms and conditions of
employment; and
(3) the demographic composition of the workforce in
equivalent jobs.
(g) The guidelines adopted under Subsection (f) may include
a list of jobs.
Sec. 24.003. OTHER PROHIBITED ACTS. It is an unlawful
employment practice in violation of this chapter and Chapter 21 for
an employer to:
(1) take an adverse action or otherwise discriminate
against a person because the person has:
(A) opposed an act or practice made unlawful by
this chapter;
(B) sought to enforce rights protected under this
chapter; or
(C) testified, assisted, or participated in any
manner in an investigation, hearing, or other proceeding to enforce
this chapter; or
(2) discharge or in any other manner discriminate
against, coerce, intimidate, threaten, or interfere with an
employee or other person because the person:
(A) inquired about, disclosed, compared, or
otherwise discussed an employee's wages; or
(B) exercised or enjoyed, or aided or encouraged
another person to exercise or enjoy, any right granted or protected
by this chapter.
Sec. 24.004. WAGE DISCLOSURE, RECORDKEEPING, AND REPORTING
REQUIREMENTS. (a) On the request of an employee, and not more than
once annually thereafter, each employer subject to this chapter
shall provide to each employee a written statement sufficient to
inform the employee of the employee's job title and wage rate. On
the employee's request, the employer shall supplement the notice
when the employee is promoted, receives a raise, or is reassigned to
a different position with the employer. The employer is not
required to issue supplemental notices for a temporary reassignment
for a term that does not exceed three months. For purposes of this
subsection, an employee's pay stub constitutes a sufficient written
statement if the pay stub includes the employee's job title and wage
rate.
(b) The Texas Workforce Commission shall submit on an annual
basis to the Commission on Human Rights the information contained
in quarterly unemployment insurance records. The Commission on
Human Rights shall maintain the records on file for a period not to
exceed five years. The Commission on Human Rights shall adopt rules
that protect the confidentiality of employees and shall expressly
require that the reports not include names or other identifying
information from which a person could discern the identity of an
employee. The rules may also specify circumstances that warrant a
prohibition on disclosure under Chapter 552, Government Code, of
the report or of information identifying the employer.
(c) The Commission on Human Rights may use the information
provided under Subsection (b) for statistical and research purposes
and may compile and publish studies, analyses, reports, and surveys
based on that information as considered appropriate by that
commission.
(d) The Commission on Human Rights shall issue a report to
the legislature before the start of each regular legislative
session on the extent and nature of wage discrimination from
information gathered under this section and from complaints
received by the commission.
Sec. 24.005. COMPLAINT; ENFORCEMENT. (a) A person
aggrieved by an unlawful employment practice under this chapter may
file a complaint with the Commission on Human Rights. A complaint
filed under this section is subject to Subchapters E and F, Chapter
21.
(b) The Commission on Human Rights shall enforce this
chapter in accordance with Chapter 21.
(c) The Commission on Human Rights may request any employer
subject to a complaint under this chapter to compile records that
contain:
(1) the wage paid to each employee; and
(2) the method, system, computations, and other
factors used to establish, adjust, and determine the wage rates
paid to the employee.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2003.
(b) Section 24.005, Labor Code, as added by this Act, takes
effect January 1, 2004.