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A BILL TO BE ENTITLED
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AN ACT
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relating to retaliation as an unlawful employment practice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 21, Labor Code, is amended |
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by adding Section 21.1251 to read as follows: |
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Sec. 21.1251. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE |
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CONSIDERATION OF RETALIATION IN EMPLOYMENT PRACTICES. (a) Except |
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as otherwise provided by this chapter, an unlawful employment |
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practice is established when the complainant demonstrates that |
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retaliation as described by Section 21.055 was a motivating factor |
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for an employment practice, even if other factors also motivated |
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the practice. |
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(b) In a complaint in which a complainant proves a violation |
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under Subsection (a) and a respondent demonstrates that the |
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respondent would have taken the same action in the absence of the |
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impermissible motivating factor, the court may grant declaratory |
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relief, injunctive relief except as otherwise provided by this |
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subsection, and attorney's fees and costs demonstrated to be |
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directly attributable only to the pursuit of a complaint under |
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Subsection (a), but may not award damages or issue an order |
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requiring an admission, reinstatement, hiring, promotion, or back |
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pay. |
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SECTION 2. Section 21.1251, Labor Code, as added by this |
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Act, applies only to a claim of discrimination based on conduct that |
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occurs on or after the effective date of this Act. A claim of |
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discrimination based on conduct that occurs before the effective |
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date of this Act is governed by the law in effect on the date the |
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conduct occurred, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |