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79R921 PB-F
By: Shapleigh S.B. No. 74
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 four or more
employees. The term includes the state and a political subdivision
of the state.
(4) "Equivalent job" means a job or occupation that
constitutes equal work, as that term is used under 29 U.S.C. Section
206(d).
(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 sex by paying wages to an employee at a
rate less than the rate at which the employer pays wages to another
employee of the opposite sex for the same or substantially similar
work on jobs, the performance of which requires equal skill,
effort, and responsibility, and which are performed under similar
working conditions, except where the payment is made under:
(1) a seniority system;
(2) a merit system;
(3) a system that measures earnings by quantity or
quality of production; or
(4) a differential based on a factor other than:
(A) sex; or
(B) a factor that would constitute unlawful
discrimination under Chapter 21.
(b) For purposes of Subsection (a)(4), 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 gender.
(c) 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.
(d) 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).
Sec. 24.003. EXCEPTION. This chapter may not be construed
to require an employer to pay to any employee at a workplace in a
particular county wages equal to the wages paid by that employer at
a workplace in another county to employees in jobs the performance
of which requires equal skill, effort, and responsibility and which
are performed under similar working conditions.
Sec. 24.004. GUIDELINES. (a) The Texas Workforce
Commission by rule shall adopt guidelines specifying the criteria
for determining whether a job is dominated by employees of a
particular sex. The criteria must include:
(1) whether the job has ever been formally classified
as a "male" or "female" job;
(2) whether there is a history of discrimination
against persons on the basis of sex 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.
(b) The guidelines adopted under Subsection (a) may include
a list of jobs.
Sec. 24.005. 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. 24.006. WAGE DISCLOSURE 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 civil rights division
shall issue a report to the legislature before the start of each
regular legislative session on the extent and nature of wage
discrimination from complaints received by the commission.
Sec. 24.007. COMPLAINT; ENFORCEMENT. (a) A person
aggrieved by an unlawful employment practice under this chapter may
file a complaint with the Texas Workforce Commission civil rights
division. A complaint filed under this section is subject to
Subchapters E and F, Chapter 21.
(b) The Texas Workforce Commission civil rights division
shall enforce this chapter in accordance with Chapter 21.
(c) The Texas Workforce Commission civil rights division
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, 2005.
(b) Section 24.007, Labor Code, as added by this Act, takes
effect January 1, 2006.