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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition of employment discrimination on the basis |
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of reproductive decisions and certain employment agreements |
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limiting reproductive decisions. |
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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 21.1068 to read as follows: |
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Sec. 21.1068. DISCRIMINATION BASED ON REPRODUCTIVE |
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DECISIONS; CERTAIN AGREEMENTS VOID. (a) A provision in this |
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chapter referring to discrimination because of or on the basis of a |
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reproductive decision includes discrimination because of or on the |
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basis of: |
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(1) marital status at the time of a pregnancy; |
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(2) the use of assisted reproduction to become |
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pregnant; |
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(3) the use of contraception or a specific form of |
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contraception; or |
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(4) the obtainment or use of any other health care |
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drug, device, or service relating to reproductive health. |
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(b) An employer commits an unlawful employment practice if |
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the employer discriminates because of or on the basis of a |
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reproductive decision of the employee, the employee's spouse or |
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partner, the employee's dependent, or any other member of the |
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employee's family or household. |
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(c) An employer that provides an employee handbook or manual |
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to employees shall include in the handbook or manual information |
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regarding the prohibition of discrimination based on a reproductive |
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decision. |
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(d) A mandatory arbitration agreement between an employer |
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and an employee is void and unenforceable as against the public |
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policy of this state to the extent the agreement limits the |
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reproductive decisions of an employee, an employee's spouse or |
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partner, an employee's dependent, or any other member of the |
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employee's family or household. |
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SECTION 2. Section 21.051, Labor Code, is amended to read as |
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follows: |
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Sec. 21.051. DISCRIMINATION BY EMPLOYER. An employer |
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commits an unlawful employment practice if because of race, color, |
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disability, religion, sex, national origin, [or] age, or |
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reproductive decisions the employer: |
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(1) fails or refuses to hire an individual, discharges |
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an individual, or discriminates in any other manner against an |
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individual in connection with compensation or the terms, |
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conditions, or privileges of employment; or |
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(2) limits, segregates, or classifies an employee or |
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applicant for employment in a manner that would deprive or tend to |
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deprive an individual of any employment opportunity or adversely |
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affect in any other manner the status of an employee. |
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SECTION 3. Section 21.052, Labor Code, is amended to read as |
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follows: |
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Sec. 21.052. DISCRIMINATION BY EMPLOYMENT AGENCY. An |
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employment agency commits an unlawful employment practice if the |
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employment agency: |
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(1) fails or refuses to refer for employment or |
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discriminates in any other manner against an individual because of |
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race, color, disability, religion, sex, national origin, [or] age, |
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or reproductive decisions; or |
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(2) classifies or refers an individual for employment |
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on the basis of race, color, disability, religion, sex, national |
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origin, [or] age, or reproductive decisions. |
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SECTION 4. Section 21.053, Labor Code, is amended to read as |
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follows: |
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Sec. 21.053. DISCRIMINATION BY LABOR ORGANIZATION. A labor |
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organization commits an unlawful employment practice if because of |
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race, color, disability, religion, sex, national origin, [or] age, |
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or reproductive decisions the labor organization: |
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(1) excludes or expels from membership or |
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discriminates in any other manner against an individual; or |
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(2) limits, segregates, or classifies a member or an |
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applicant for membership or classifies or fails or refuses to refer |
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for employment an individual in a manner that would: |
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(A) deprive or tend to deprive an individual of |
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any employment opportunity; |
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(B) limit an employment opportunity or adversely |
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affect in any other manner the status of an employee or of an |
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applicant for employment; or |
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(C) cause or attempt to cause an employer to |
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violate this subchapter. |
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SECTION 5. Section 21.054, Labor Code, is amended to read as |
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follows: |
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Sec. 21.054. ADMISSION OR PARTICIPATION IN TRAINING |
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PROGRAM. [(a)] Unless a training or retraining opportunity or |
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program is provided under an affirmative action plan approved under |
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a federal law, rule, or order, an employer, labor organization, or |
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joint labor-management committee controlling an apprenticeship, |
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on-the-job training, or other training or retraining program |
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commits an unlawful employment practice if the employer, labor |
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organization, or committee discriminates against an individual |
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because of race, color, disability, religion, sex, national origin, |
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[or] age, or reproductive decisions in admission to or |
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participation in the program. |
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SECTION 6. Section 21.059(a), Labor Code, is amended to |
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read as follows: |
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(a) An employer, labor organization, employment agency, or |
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joint labor-management committee controlling an apprenticeship, |
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on-the-job training, or other training or retraining program |
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commits an unlawful employment practice if the employer, labor |
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organization, employment agency, or committee prints or publishes |
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or causes to be printed or published a notice or advertisement |
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relating to employment that: |
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(1) indicates a preference, limitation, |
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specification, or discrimination based on race, color, disability, |
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religion, sex, national origin, [or] age, or reproductive |
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decisions; and |
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(2) concerns an employee's status, employment, or |
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admission to or membership or participation in a labor union or |
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training or retraining program. |
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SECTION 7. Section 21.102(c), Labor Code, is amended to |
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read as follows: |
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(c) This section does not apply to standards of compensation |
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or terms, conditions, or privileges of employment that are |
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discriminatory on the basis of race, color, disability, religion, |
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sex, national origin, [or] age, or reproductive decisions. |
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SECTION 8. Section 21.112, Labor Code, is amended to read as |
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follows: |
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Sec. 21.112. EMPLOYEES AT DIFFERENT LOCATIONS. An employer |
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does not commit an unlawful employment practice by applying to |
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employees who work in different locations different standards of |
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compensation or different terms, conditions, or privileges of |
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employment that are not discriminatory on the basis of race, color, |
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disability, religion, sex, national origin, [or] age, or |
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reproductive decisions. |
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SECTION 9. Section 21.120(b), Labor Code, is amended to |
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read as follows: |
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(b) Subsection (a) does not apply to a policy adopted or |
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applied with the intent to discriminate because of race, color, |
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sex, national origin, religion, age, [or] disability, or |
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reproductive decisions. |
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SECTION 10. Section 21.122(a), Labor Code, is amended to |
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read as follows: |
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(a) An unlawful employment practice based on disparate |
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impact is established under this chapter only if: |
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(1) a complainant demonstrates that a respondent uses |
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a particular employment practice that causes a disparate impact on |
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the basis of race, color, sex, national origin, religion, [or] |
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disability, or reproductive decisions and the respondent fails to |
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demonstrate that the challenged practice is job-related for the |
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position in question and consistent with business necessity; or |
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(2) the complainant makes the demonstration in |
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accordance with federal law as that law existed June 4, 1989, with |
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respect to the concept of alternative employment practices, and the |
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respondent refuses to adopt such an alternative employment |
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practice. |
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SECTION 11. Section 21.124, Labor Code, is amended to read |
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as follows: |
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Sec. 21.124. PROHIBITION AGAINST DISCRIMINATORY USE OF TEST |
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SCORES. It is an unlawful employment practice for a respondent, in |
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connection with the selection or referral of applicants for |
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employment or promotion, to adjust the scores of, use different |
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cutoff scores for, or otherwise alter the results of |
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employment-related tests on the basis of race, color, sex, national |
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origin, religion, age, [or] disability, or reproductive decisions. |
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SECTION 12. The heading to Section 21.125, Labor Code, is |
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amended to read as follows: |
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Sec. 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE |
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CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE, |
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[OR] DISABILITY, OR REPRODUCTIVE DECISIONS IN EMPLOYMENT |
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PRACTICES. |
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SECTION 13. Section 21.125(a), Labor Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided by this chapter, an |
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unlawful employment practice is established when the complainant |
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demonstrates that race, color, sex, national origin, religion, age, |
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[or] disability, or a reproductive decision was a motivating factor |
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for an employment practice, even if other factors also motivated |
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the practice, unless race, color, sex, national origin, religion, |
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age, [or] disability, or a reproductive decision is combined with |
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objective job-related factors to attain diversity in the employer's |
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work force. |
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SECTION 14. Section 21.126, Labor Code, is amended to read |
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as follows: |
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Sec. 21.126. COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE |
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STATE OR POLITICAL SUBDIVISION OF THE STATE. It is an unlawful |
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employment practice for a person elected to public office in this |
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state or a political subdivision of this state to discriminate |
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because of race, color, sex, national origin, religion, age, [or] |
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disability, or reproductive decisions against an individual who is |
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an employee or applicant for employment to: |
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(1) serve on the elected official's personal staff; |
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(2) serve the elected official on a policy-making |
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level; or |
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(3) serve the elected official as an immediate advisor |
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with respect to the exercise of the constitutional or legal powers |
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of the office. |
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SECTION 15. Section 21.152(a), Labor Code, is amended to |
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read as follows: |
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(a) A political subdivision or two or more political |
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subdivisions acting jointly may create a local commission to: |
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(1) promote the purposes of this chapter; and |
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(2) secure for all individuals in the jurisdiction of |
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each political subdivision freedom from discrimination because of |
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race, color, disability, religion, sex, national origin, [or] age, |
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or reproductive decisions. |
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SECTION 16. Section 21.155(a), Labor Code, is amended to |
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read as follows: |
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(a) The commission [Commission on Human Rights] shall refer |
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a complaint concerning discrimination in employment because of |
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race, color, disability, religion, sex, national origin, [or] age, |
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or reproductive decisions that is filed with the [that] commission |
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to a local commission with the necessary investigatory and |
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conciliatory powers if: |
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(1) the complaint has been referred to the commission |
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[Commission on Human Rights] by the federal government; or |
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(2) jurisdiction over the subject matter of the |
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complaint has been deferred to the commission [Commission on Human |
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Rights] by the federal government. |
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SECTION 17. (a) Except as provided by Subsection (b) of |
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this section, the change in law made by this Act applies only to a |
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claim of discrimination based on conduct occurring on or after the |
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effective date of this Act. A claim of discrimination that is based |
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on conduct occurring before that date is governed by the law in |
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effect on the date the conduct occurred, and the former law is |
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continued in effect for that purpose. |
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(b) Section 21.1068(d), Labor Code, as added by this Act, |
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applies to an agreement entered into before, on, or after the |
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effective date of this Act. |
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SECTION 18. This Act takes effect September 1, 2021. |