Bill Text: TX SB108 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to unlawful employment practices with respect to compensation and wage history.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-15 - Referred to Natural Resources & Economic Development [SB108 Detail]
Download: Texas-2023-SB108-Introduced.html
| 88R200 RDS-D | ||
| By: Menéndez | S.B. No. 108 | |
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| 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. | ||
