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A BILL TO BE ENTITLED
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AN ACT
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relating to unlawful employment practices with respect to |
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discrimination in payment of compensation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.202, Labor Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as otherwise provided by Subsection (a-1), a [A] |
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complaint under this subchapter must be filed not later than the |
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180th day after the date the alleged unlawful employment practice |
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occurred. |
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(a-1) With respect to an allegation of discrimination in |
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payment of compensation in violation of this chapter, an unlawful |
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employment practice occurs each time: |
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(1) a discriminatory compensation decision or other |
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discriminatory practice affecting compensation is adopted; |
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(2) an individual becomes subject to a discriminatory |
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compensation decision or other discriminatory practice affecting |
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compensation; or |
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(3) an individual is adversely affected by application |
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of a discriminatory compensation decision or other discriminatory |
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practice affecting compensation, including each time wages |
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affected wholly or partly by the decision or other practice are |
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paid. |
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SECTION 2. Section 21.258, Labor Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) Liability may accrue, and an aggrieved person may obtain |
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relief as provided by this subchapter, including recovery of back |
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pay for the period allowed under this section, if the unlawful |
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employment practices that have occurred during the period for |
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filing a complaint are similar or related to unlawful employment |
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practices with regard to discrimination in payment of compensation |
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that occurred outside the period for filing a complaint. |
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SECTION 3. Sections 21.202 and 21.258, Labor Code, as |
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amended by this Act, apply only to a discriminatory compensation |
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decision or other discriminatory practice affecting compensation |
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that occurs on or after the effective date of this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |