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AN ACT
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relating to sexual harassment protection for unpaid interns. |
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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 21.1065 to read as follows: |
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Sec. 21.1065. SEXUAL HARASSMENT PROTECTIONS FOR UNPAID |
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INTERNS. (a) In this section, "sexual harassment" means an |
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unwelcome sexual advance, a request for a sexual favor, or any other |
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verbal or physical conduct of a sexual nature if: |
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(1) submission to the advance, request, or conduct is |
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made a term or condition of an individual's internship, either |
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explicitly or implicitly; |
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(2) submission to or rejection of the advance, |
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request, or conduct by an individual is used as the basis for a |
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decision affecting the individual's internship; |
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(3) the advance, request, or conduct has the purpose |
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or effect of unreasonably interfering with an individual's work |
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performance at the individual's internship; or |
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(4) the advance, request, or conduct has the purpose |
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or effect of creating an intimidating, hostile, or offensive |
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working environment. |
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(b) An employer commits an unlawful employment practice if |
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sexual harassment of an unpaid intern occurs and the employer or the |
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employer's agents or supervisors: |
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(1) know or should have known that the conduct |
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constituting sexual harassment was occurring; and |
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(2) fail to take immediate and appropriate corrective |
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action. |
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(c) In this section, an individual is considered to be an |
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unpaid intern of an employer if: |
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(1) the individual's internship, even though it |
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includes engagement in the employer's operations or the performance |
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of productive work for the employer, is similar to training that |
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would be given in an educational environment; |
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(2) the individual's internship experience is for the |
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individual's benefit; |
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(3) the individual does not displace the employer's |
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regular employees but works under close supervision of the |
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employer's existing staff; |
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(4) the employer does not derive any immediate |
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advantage from the individual's internship activities and on |
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occasion the employer's operations may be impeded by those |
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activities; |
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(5) the individual is not entitled to a job at the |
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conclusion of the internship; and |
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(6) the individual is not entitled to wages for the |
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time spent in the internship. |
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SECTION 2. The change in law made by this Act applies only |
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to a claim of discrimination based on conduct that occurs on or |
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after the effective date of this Act. A claim of discrimination |
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that is based on conduct that occurs before the effective date of |
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this Act is governed by the law in effect on the date the conduct |
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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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1151 was passed by the House on April |
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16, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1151 was passed by the Senate on May |
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27, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |