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 - Dead) 2019-02-01 - Referred to State Affairs [SB159 Detail]
Download: Texas-2019-SB159-Introduced.html
| 86R303 JSC-D | ||
| By: Rodríguez | S.B. No. 159 | |
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| 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. | ||
