Bill Text: TX HB290 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to a prohibition on sex discrimination in compensation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-06 - Committee report sent to Calendars [HB290 Detail]
Download: Texas-2017-HB290-Comm_Sub.html
85R7081 JSC-D | |||
By: Johnson of Dallas | H.B. No. 290 | ||
Substitute the following for H.B. No. 290: | |||
By: Collier | C.S.H.B. No. 290 |
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relating to a prohibition on sex discrimination in compensation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 21, Labor Code, is amended | ||
by adding Section 21.1061 to read as follows: | ||
Sec. 21.1061. SEX DISCRIMINATION IN COMPENSATION. For | ||
purposes of this chapter, a violation of Chapter 24 is considered to | ||
be discrimination on the basis of sex. | ||
SECTION 2. Subtitle A, Title 2, Labor Code, is amended by | ||
adding Chapter 24 to read as follows: | ||
CHAPTER 24. EMPLOYMENT DISCRIMINATION REGARDING COMPENSATION | ||
Sec. 24.001. DEFINITIONS. In this chapter: | ||
(1) "Applicant" means a person who has made an oral or | ||
written application with an employer, or has sent a resume or other | ||
correspondence to an employer, indicating an interest in | ||
employment. | ||
(2) "Commission" means the Texas Workforce | ||
Commission. | ||
(3) "Employee" and "employer" have the meanings | ||
assigned by Section 21.002. | ||
(4) "Wages" has the meaning assigned by Section | ||
61.001. | ||
Sec. 24.002. EMPLOYER INQUIRIES INTO AND CONSIDERATION OF | ||
WAGE HISTORY INFORMATION. (a) An employer may not: | ||
(1) include a question regarding an applicant's wage | ||
history information on an employment application form; | ||
(2) inquire into or consider an applicant's wage | ||
history information; or | ||
(3) obtain an applicant's wage history information | ||
from a previous employer of the applicant, unless the wages in that | ||
previous employment position are subject to disclosure under | ||
Chapter 552, Government Code. | ||
(b) Notwithstanding Subsection (a), an applicant may | ||
provide written authorization to a prospective employer to confirm | ||
the applicant's wage history, including benefits or other | ||
compensation, only after the prospective employer has made a | ||
written offer of employment to the applicant that includes the | ||
applicant's wage and benefit information for the position. | ||
Sec. 24.003. PROHIBITION AGAINST DISCRIMINATION IN WAGES. | ||
(a) For purposes of this section, "business necessity" means an | ||
overriding legitimate business purpose such that the factor relied | ||
upon in determining wage differential effectively fulfills the | ||
business purpose the factor is intended to serve. | ||
(b) An employer commits an unlawful employment practice in | ||
violation of this chapter and Chapter 21 if the employer | ||
discriminates among employees on the basis of sex by paying wages to | ||
an employee at a rate less than the rate at which the employer pays | ||
wages to another employee of the opposite sex for the same or | ||
substantially similar work on jobs, the performance of which | ||
requires equal or substantially similar skill, effort, and | ||
responsibility, and which are performed under similar working | ||
conditions, except where the payment is made under one of the | ||
following factors: | ||
(1) a seniority system; | ||
(2) a merit system; | ||
(3) a system that measures earnings by quantity or | ||
quality of production; or | ||
(4) a differential based on a bona fide factor other | ||
than sex. | ||
(c) A seniority system described by Subsection (b)(1) may | ||
not deduct from the employee's service time any leave that the | ||
employee took under the Family and Medical Leave Act of 1993 (29 | ||
U.S.C. Section 2601 et seq.) or other applicable family or medical | ||
leave to which the employee is entitled. | ||
(d) The exception provided by Subsection (b)(4) applies | ||
only if the employer demonstrates that the factor: | ||
(1) is not based on or derived from a differential | ||
based on sex in compensation; | ||
(2) is related to the position in question; and | ||
(3) is consistent with business necessity. | ||
(e) Notwithstanding Subsection (d), the exception provided | ||
by Subsection (b)(4) does not apply if the employee demonstrates | ||
that an alternative business practice exists that would serve the | ||
same business purpose without producing a wage differential. | ||
(f) An employer may not enter into an agreement with an | ||
employee that provides that the employer may pay the employee a wage | ||
at a rate that is in violation of this section. | ||
Sec. 24.004. OTHER PROHIBITED ACTS. (a) An employer | ||
commits an unlawful employment practice in violation of this | ||
chapter and Chapter 21 if the employer: | ||
(1) takes an adverse action or otherwise discriminates | ||
against a person because the person has: | ||
(A) opposed an act or practice made unlawful by | ||
this chapter; | ||
(B) sought to enforce rights protected under this | ||
chapter; or | ||
(C) testified, assisted, or participated in any | ||
manner in an investigation, hearing, or other proceeding to enforce | ||
this chapter; or | ||
(2) discharges or in any other manner discriminates | ||
against, coerces, intimidates, threatens, or interferes with an | ||
employee or other person because the person: | ||
(A) inquired about, disclosed, compared, or | ||
otherwise discussed an employee's wages; or | ||
(B) exercised or enjoyed, or aided or encouraged | ||
another person to exercise or enjoy, any right granted or protected | ||
by this chapter. | ||
(b) This section does not require an employee to disclose | ||
the employee's wages. | ||
Sec. 24.005. NOTICE BY EMPLOYER REQUIRED. Each employer | ||
shall post in conspicuous places on the premises of the employer | ||
where notices to employees and applicants for employment are | ||
customarily posted a notice, prepared or approved by the | ||
commission, setting forth the pertinent provisions of this chapter | ||
and information relating to the enforcement of this chapter. | ||
Sec. 24.006. COMPLAINT; ENFORCEMENT. (a) A person | ||
aggrieved by an unlawful employment practice under this chapter may | ||
file a complaint with the commission. A complaint filed under this | ||
section is subject to Subchapters E and F, Chapter 21. | ||
(b) The commission shall enforce this chapter in accordance | ||
with Chapter 21. | ||
Sec. 24.007. EMPLOYER SELF-EVALUATION; AFFIRMATIVE | ||
DEFENSE. (a) An employer is encouraged to periodically perform a | ||
self-evaluation of the employer's business practices and | ||
compensation to ensure that the employer is in compliance with this | ||
chapter. | ||
(b) In a civil action filed under Subchapter F, Chapter 21, | ||
by a person aggrieved by an unlawful employment practice under this | ||
chapter, it is an affirmative defense to liability for compensatory | ||
or punitive damages under Section 21.2585 that: | ||
(1) the employer performed a self-evaluation of the | ||
employer's business practices and compensation in the three-year | ||
period preceding the date of the conduct that is the basis of the | ||
complaint; and | ||
(2) the employer has in good faith demonstrated that, | ||
following the date of the evaluation under Subdivision (1), the | ||
employer has made reasonable progress toward eliminating | ||
compensation differentials based on sex. | ||
(c) This section does not require an employer to perform a | ||
self-evaluation or subject an employer to any penalty for failing | ||
to perform a self-evaluation. | ||
Sec. 24.008. WAGE RECORDS REQUIREMENT. Each employer shall | ||
compile and maintain for a period of at least three years records | ||
that contain: | ||
(1) the wage paid to each employee; and | ||
(2) the method, system, computations, and other | ||
factors used to establish, adjust, and determine the wage rates | ||
paid to the employee. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
an unlawful employment practice with regard to discrimination in | ||
payment of compensation that occurs on or after January 1, 2018. | ||
SECTION 4. This Act takes effect January 1, 2018. |