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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain employment agreements relating to |
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sexual harassment and to settlement agreements regarding a claim of |
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sexual harassment. |
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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 25 to read as follows: |
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CHAPTER 25. AGREEMENTS RELATING TO SEXUAL HARASSMENT |
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Sec. 25.001. DEFINITIONS. In this chapter: |
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(1) "Employer" means a person who provides |
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compensation to workers for the performance of work or a service or |
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otherwise enters into an agreement with workers for the performance |
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of work or a service. |
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(2) "Sexual harassment" means an unwelcome sexual |
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advance, a request for a sexual favor, or any other verbal or |
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physical conduct of a sexual nature if: |
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(A) submission to the advance, request, or |
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conduct is made a term or condition of an individual's employment or |
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performance of work or a service, either explicitly or implicitly; |
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(B) 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 employment or performance of work or a service; |
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(C) the advance, request, or conduct has the |
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purpose or effect of unreasonably interfering with an individual's |
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work performance; or |
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(D) the advance, request, or conduct has the |
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purpose or effect of creating an intimidating, hostile, or |
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offensive working environment. |
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(3) "Worker" means a person who is hired or otherwise |
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agrees to perform work or a service for an employer, with or without |
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compensation. The term includes an employee or other person who |
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performs work or a service as an independent contractor, unpaid |
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intern, or volunteer. |
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Sec. 25.002. WAIVER OF RIGHTS. An employer may not require |
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a worker or prospective worker as a condition of employment or of an |
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agreement for performance of work or a service to waive any |
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substantive or procedural right or remedy with respect to a claim of |
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sexual harassment. |
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Sec. 25.003. NONDISCLOSURE AGREEMENT. An employer may not |
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require a worker or prospective worker as a condition of employment |
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or of an agreement for performance of work or a service to enter |
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into any confidentiality or nondisclosure agreement to the extent |
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that the agreement: |
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(1) prohibits the worker from notifying, or limits the |
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worker's ability to notify, a local or state law enforcement agency |
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or any state or federal regulatory agency of an incident of sexual |
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harassment; or |
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(2) prohibits the worker from: |
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(A) participating in an investigation of an |
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incident of sexual harassment; or |
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(B) disclosing to any person, including during |
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any related investigation, prosecution, legal proceeding, or |
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dispute resolution, facts surrounding any incident of sexual |
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harassment. |
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Sec. 25.004. MANDATORY ARBITRATION AGREEMENT. An employer |
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may not require a worker or prospective worker as a condition of |
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employment or of an agreement for the performance of work or a |
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service to enter into any mandatory arbitration agreement to the |
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extent that the agreement imposes mandatory arbitration of a |
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dispute involving an allegation of sexual harassment. |
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Sec. 25.005. VOID AND UNENFORCEABLE. (a) An agreement |
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described by Section 25.002, 25.003, or 25.004 is void and |
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unenforceable as against the public policy of this state. |
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(b) Any provision of a workplace document, including an |
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employee handbook, an offer of employment, or other agreement, that |
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violates Section 25.002, 25.003, or 25.004 is void and |
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unenforceable as against the public policy of this state. |
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Sec. 25.006. SETTLEMENT AGREEMENTS. (a) This section |
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applies to a settlement agreement related to a claim filed in a |
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civil action or a complaint filed in an administrative action |
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involving an incident of sexual harassment. |
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(b) A settlement agreement described by this section: |
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(1) must clearly describe the circumstances under |
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which the claimant may disclose information regarding the |
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allegations or settlement; and |
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(2) may not prohibit the claimant from the performance |
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of work or a service for the employer or any parent company, |
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subsidiary, division, or affiliate of the employer. |
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SECTION 2. (a) Sections 25.002, 25.003, 22.004, and |
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22.005, Labor Code, as added by this Act, apply to an agreement, |
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regardless of whether the agreement was entered into before, on, or |
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after the effective date of this Act. |
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(b) Section 25.006, Labor Code, as added by this Act, |
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applies only to a settlement agreement entered into on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |