| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to retaliation as an unlawful employment practice. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter C, Chapter 21, Labor Code, is amended |
|
|
by adding Section 21.1251 to read as follows: |
|
|
Sec. 21.1251. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE |
|
|
CONSIDERATION OF RETALIATION IN EMPLOYMENT PRACTICES. (a) Except |
|
|
as otherwise provided by this chapter, an unlawful employment |
|
|
practice is established when the complainant demonstrates that |
|
|
retaliation as described by Section 21.055 was a motivating factor |
|
|
for an employment practice, even if other factors also motivated |
|
|
the practice. |
|
|
(b) In a complaint in which a complainant proves a violation |
|
|
under Subsection (a) and a respondent demonstrates that the |
|
|
respondent would have taken the same action in the absence of the |
|
|
impermissible motivating factor, the court may grant declaratory |
|
|
relief, injunctive relief except as otherwise provided by this |
|
|
subsection, and attorney's fees and costs demonstrated to be |
|
|
directly attributable only to the pursuit of a complaint under |
|
|
Subsection (a), but may not award damages or issue an order |
|
|
requiring an admission, reinstatement, hiring, promotion, or back |
|
|
pay. |
|
|
SECTION 2. Section 21.1251, Labor Code, as added by this |
|
|
Act, applies only to a claim of discrimination based on conduct that |
|
|
occurs on or after the effective date of this Act. A claim of |
|
|
discrimination based on conduct that occurs before the effective |
|
|
date of this Act is governed by the law in effect on the date the |
|
|
conduct occurred, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2013. |