Bill Text: TX SB159 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the prohibition of certain required nondisclosure and arbitration agreements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-01 - Referred to State Affairs [SB159 Detail]

Download: Texas-2019-SB159-Introduced.html
  86R303 JSC-D
 
  By: Rodríguez S.B. No. 159
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prohibition of certain required nondisclosure and
  arbitration agreements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 21, Labor Code, is amended
  by adding Section 21.0605 to read as follows:
         Sec. 21.0605.  REQUIRING NONDISCLOSURE OR ARBITRATION
  AGREEMENT. An employer commits an unlawful employment practice if
  the employer fails or refuses to hire, discharges, harasses, or in
  any other manner discriminates against an individual in connection
  with compensation, terms, conditions, or privileges of employment
  because the individual refuses to sign an agreement prohibited
  under Chapter 25.
         SECTION 2.  Subtitle A, Title 2, Labor Code, is amended by
  adding Chapter 25 to read as follows:
  CHAPTER 25. CERTAIN NONDISCLOSURE AND ARBITRATION AGREEMENTS
  PROHIBITED
         Sec. 25.001.  DEFINITIONS. For the purposes of this
  chapter:
               (1)  "Sexual assault" means conduct described by
  Section 22.011 or 22.021, Penal Code.
               (2)  "Sexual harassment" means an unwelcome sexual
  advance, a request for a sexual favor, or any other verbal or
  physical conduct of a sexual nature if:
                     (A)  submission to the advance, request, or
  conduct is made a term or condition of an individual's employment,
  either explicitly or implicitly;
                     (B)  submission to or rejection of the advance,
  request, or conduct by an individual is used as the basis for an
  employment decision;
                     (C)  the advance, request, or conduct has the
  purpose or effect of unreasonably interfering with an individual's
  work performance; or
                     (D)  the advance, request, or conduct has the
  purpose or effect of creating an intimidating, hostile, or
  offensive working environment.
         Sec. 25.002.  CERTAIN AGREEMENTS PROHIBITING REPORTING OF
  SEXUAL ASSAULT OR SEXUAL HARASSMENT VOID AND UNENFORCEABLE. A
  nondisclosure or confidentiality agreement or other agreement
  between an employer and an employee is void and unenforceable as
  against the public policy of this state to the extent the agreement
  prohibits the employee from notifying, or limits the employee's
  ability to notify, a local or state law enforcement agency or any
  state or federal regulatory agency of sexual assault or sexual
  harassment committed:
               (1)  by an employee of the employer; or
               (2)  at the employee's place of employment.
         Sec. 25.003.  MANDATORY ARBITRATION AGREEMENT COVERING
  DISPUTE INVOLVING ALLEGATION OF SEXUAL ASSAULT OR SEXUAL HARASSMENT
  VOID AND UNENFORCEABLE. A mandatory arbitration agreement between
  an employer and an employee is void and unenforceable as against the
  public policy of this state to the extent the agreement imposes
  mandatory arbitration of a dispute involving an allegation of
  sexual assault or sexual harassment.
         SECTION 3.  (a) The change in law made by this Act by the
  enactment of Section 21.0605, Labor Code, applies only to an
  unlawful employment practice that occurs on or after the effective
  date of this Act.
         (b)  The change in law made by this Act by the enactment of
  Chapter 25, Labor Code, applies to an agreement entered into
  before, on, or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2019.
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