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A BILL TO BE ENTITLED
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AN ACT
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relating to damages for certain harassment by an employer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Labor Code, is amended by |
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adding Chapter 28 to read as follows: |
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CHAPTER 28. PROHIBITION ON CERTAIN EMPLOYER ACTIONS |
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Sec. 28.001. DEFINITIONS; RULES. (a) In this chapter: |
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(1) "Employee" means a person other than an |
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independent contractor who, for compensation, performs services |
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for an employer under a written or oral contract of hire, whether |
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express or implied. |
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(2) "Employer" means a person who employs one or more |
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employees. |
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(b) For purposes of this chapter, the Texas Workforce |
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Commission by rule shall determine the definitions of "bullying" |
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and "harassment." The commission shall make the determinations |
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required by this subsection in a manner consistent with reasonable |
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business practices. |
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Sec. 28.002. PROHIBITED ACTS. (a) An employer may not |
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bully or harass an employee. |
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(b) An employer may not interfere with, restrain, or deny |
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the exercise of or the attempt to exercise any right provided under |
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this chapter. |
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(c) An employer may not discharge or otherwise discriminate |
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against an employee for opposing a practice made unlawful by this |
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chapter. |
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(d) An employer may not discharge or otherwise discriminate |
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against an employee because the employee has: |
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(1) instituted or caused to be instituted a proceeding |
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under this chapter; or |
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(2) testified, or is about to testify, in an inquiry or |
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proceeding under this subchapter. |
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Sec. 28.003. CIVIL ACTION. (a) An employee whose employer |
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violates this chapter may bring a civil action against the employer |
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to enforce rights protected by this chapter. |
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(b) An action under this section must be brought in the |
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county in which the place of employment is located not later than |
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the first anniversary of the date of the violation. |
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(c) The employer of an employee who prevails in a civil |
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action under this section is liable to the affected employee for |
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damages equal to the amount of: |
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(1) any wages, salary, employment benefits, or other |
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compensation denied or lost to the employee by reason of the |
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violation or, if wages, salary, employment benefits, or other |
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compensation has not been denied or lost, any actual monetary |
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losses sustained by the employee as a direct result of the |
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violation; |
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(2) interest on the amount determined under |
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Subdivision (1) computed at the prevailing rate of interest on |
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judgments; and |
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(3) an additional amount as liquidated damages equal |
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to the sum of the amount determined under Subdivision (1) and the |
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interest determined under Subdivision (2). |
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(d) In addition to any judgment awarded to the plaintiff, |
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the court may require the defendant to pay reasonable attorney's |
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fees, reasonable expert witness fees, and other costs. |
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SECTION 2. The Texas Workforce Commission shall adopt rules |
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as required by Chapter 28, Labor Code, as added by this Act, not |
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later than November 1, 2007. |
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SECTION 3. Chapter 28, Labor Code, as added by this Act, |
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applies only to a cause of action that accrues on or after January |
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1, 2008. An action that accrues before January 1, 2008, is governed |
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by the law applicable to the action immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |