Bill Text: TX HB723 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to unlawful employment practices with respect to compensation and wage history.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-02-28 - Referred to International Relations & Economic Development [HB723 Detail]

Download: Texas-2023-HB723-Introduced.html

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88R200 RDS-D
By: Thompson of Harris H.B. No. 723

A BILL TO BE ENTITLED
AN ACT
relating to unlawful employment practices with respect to
compensation and wage history.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.202, Labor Code, is amended by adding
Subsection (a-2) to read as follows:
(a-2) With respect to an allegation of discrimination in
payment of compensation in violation of this chapter, an unlawful
employment practice occurs each time:
(1) a discriminatory compensation decision or other
discriminatory practice affecting compensation is adopted;
(2) an individual becomes subject to a discriminatory
compensation decision or other discriminatory practice affecting
compensation; or
(3) an individual is adversely affected by application
of a discriminatory compensation decision or other discriminatory
practice affecting compensation, including each time wages
affected wholly or partly by the decision or other practice are
paid.
SECTION 2. Section 21.258, Labor Code, is amended by adding
Subsection (d) to read as follows:
(d) Liability may accrue, and an aggrieved individual may
obtain relief as provided by this subchapter, including recovery of
back pay for the period allowed under this section, if the unlawful
employment practices that occurred during the period for filing a
complaint are similar or related to unlawful employment practices
with regard to discrimination in payment of compensation that
occurred outside the period for filing a complaint.
SECTION 3. 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 an individual 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. An employer commits an unlawful
employment practice in violation of this chapter and Chapter 21 if
the employer:
(1) verbally or in writing inquires into an
applicant's wage history information from the applicant or from a
previous employer of the applicant; or
(2) requires disclosure of an applicant's wage history
information as a condition of employment.
Sec. 24.003. EMPLOYER ACTIONS REGARDING WAGE DISCLOSURE BY
EMPLOYEE OR APPLICANT. (a) An employer commits an unlawful
employment practice in violation of this chapter and Chapter 21 if
the employer discharges or in any other manner discriminates
against, coerces, intimidates, threatens, or interferes with an
employee, applicant, or other individual because the individual
inquired about, disclosed, compared, or otherwise discussed an
employee's wages or an applicant's prospective wages.
(b) This section does not require an employee to disclose
the employee's wages or an applicant to disclose the applicant's
prospective wages.
Sec. 24.004. COMPLAINT; ENFORCEMENT. (a) An individual
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.
SECTION 4. (a) Sections 21.202 and 21.258, Labor Code, as
amended by this Act, apply only to a discriminatory compensation
decision or other discriminatory practice affecting compensation
that occurs on or after the effective date of this Act.
(b) Chapter 24, Labor Code, as added by this Act, applies
only to an unlawful employment practice that occurs on or after
January 1, 2024.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.