Bill Text: TX HB419 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to certain unlawful employment practices regarding compensation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-25 - Referred to International Relations & Economic Development [HB419 Detail]
Download: Texas-2021-HB419-Introduced.html
87R1037 JSC-D | ||
By: Sherman, Sr. | H.B. No. 419 |
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relating to certain unlawful employment practices regarding | ||
compensation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 2, Labor Code, is amended by | ||
adding Chapter 24 to read as follows: | ||
CHAPTER 24. UNLAWFUL EMPLOYMENT PRACTICES 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) "Wage history information" means information on | ||
wages paid by previous employers. | ||
(5) "Wages" has the meaning assigned by Section | ||
61.001. | ||
Sec. 24.002. EMPLOYER INQUIRY INTO AND CONSIDERATION OF | ||
WAGE HISTORY INFORMATION. (a) An employer commits an unlawful | ||
employment practice in violation of this chapter if the employer: | ||
(1) relies on an applicant's or employee's wage | ||
history information in determining: | ||
(A) whether to hire the applicant; | ||
(B) the wages to be paid to the applicant or | ||
employee; | ||
(C) whether to continue to employ the employee; | ||
or | ||
(D) whether to promote the employee; | ||
(2) seeks, requests, or requires an applicant's or | ||
employee's wage history information as a condition of: | ||
(A) an applicant being interviewed or receiving | ||
an offer of employment; or | ||
(B) a current employee's continued employment or | ||
promotion; | ||
(3) seeks, requests, or requires an applicant's or | ||
employee's wage history information from a previous employer of the | ||
applicant or employee or other source, unless the wages in that | ||
previous employment position are subject to disclosure under | ||
Chapter 552, Government Code; | ||
(4) refuses to interview, hire, promote, or otherwise | ||
employ, or retaliates against, an applicant or employee based on | ||
wage history information; or | ||
(5) refuses to interview, hire, promote, or otherwise | ||
employ, or retaliates against, an applicant or employee who did not | ||
provide wage history information. | ||
(b) Notwithstanding Subsection (a)(1)(B), if an applicant | ||
or employee voluntarily discloses the applicant's or employee's | ||
wage history information to an employer, the employer may consider | ||
that information in determining the applicant's or employee's | ||
wages. | ||
(c) An employer may confirm wage history information if at | ||
the time an offer of employment with compensation is made, the | ||
applicant or employee responds to the offer by providing wage | ||
history information to support a wage higher than that offered by | ||
the employer. | ||
Sec. 24.003. RETALIATION PROHIBITED. An employer commits | ||
an unlawful employment practice in violation of this chapter if the | ||
employer takes an adverse action or otherwise discriminates against | ||
a person because the person has: | ||
(1) filed a complaint with the commission alleging the | ||
employer's violation of this chapter; | ||
(2) opposed an act or practice made unlawful by this | ||
chapter; | ||
(3) sought to enforce rights protected under this | ||
chapter; or | ||
(4) testified, assisted, or participated in any manner | ||
in an investigation, hearing, or other proceeding to enforce this | ||
chapter. | ||
Sec. 24.004. LIMITATIONS OF CHAPTER. (a) This chapter does | ||
not diminish the rights, privileges, or remedies of an applicant or | ||
current or former employee under: | ||
(1) any other law or rule; or | ||
(2) a collective bargaining agreement or employment | ||
contract. | ||
(b) This chapter does not affect any federal, state, or | ||
local law that requires the disclosure or verification of wage | ||
history information. | ||
Sec. 24.005. COMPLAINT; ENFORCEMENT. (a) A person | ||
aggrieved by an unlawful employment practice under this chapter may | ||
file a complaint with the commission in the manner provided under | ||
Chapter 21. 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. 24.006. CIVIL ACTION BY APPLICANT OR EMPLOYEE. (a) An | ||
applicant or employee aggrieved by a violation of this chapter may | ||
bring a civil action to enforce rights protected by this chapter, | ||
including an action for appropriate injunctive relief, in the | ||
district court in the county in which the alleged violation | ||
occurred or in which the alleged violator's residence or principal | ||
place of business is located. | ||
(b) The prospective employer of an applicant or the employer | ||
of an employee who prevails in a civil action under this section is | ||
liable to the affected applicant or employee for damages sustained | ||
as a result of the violation. | ||
(c) In addition to any judgment awarded to a plaintiff who | ||
prevails in a civil action brought under this section, the court may | ||
award injunctive relief or require the employer to pay reasonable | ||
attorney's fees and other costs. | ||
Sec. 24.007. INFORMATION FROM AND OUTREACH BY COMMISSION. | ||
(a) The commission shall make available to the public on the | ||
commission's Internet website information regarding the | ||
requirements of and the rights and remedies under this chapter. | ||
(b) The commission may conduct additional outreach efforts | ||
to inform employers about this chapter. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
an unlawful employment practice that occurs on or after January 1, | ||
2022. | ||
SECTION 3. This Act takes effect January 1, 2022. |