88R884 SGM-F
	By: Eckhardt, et al.	S.B. No. 204

	A BILL TO BE ENTITLED
	AN ACT
	relating to a prohibition of employment discrimination on the basis
	of reproductive decisions and certain employment agreements
	limiting reproductive decisions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter C, Chapter 21, Labor Code, is amended
	by adding Section 21.1061 to read as follows:
	Sec. 21.1061.  DISCRIMINATION BASED ON REPRODUCTIVE
	DECISIONS; CERTAIN AGREEMENTS VOID. (a) A provision in this
	chapter referring to discrimination because of or on the basis of a
	reproductive decision includes discrimination because of or on the
	basis of:
	(1)  marital status at the time of a pregnancy;
	(2)  the use of assisted reproduction to become
	pregnant;
	(3)  the use of contraception or a specific form of
	contraception; or
	(4)  the obtainment or use of any other health care
	drug, device, or service relating to reproductive health.
	(b)  An employer commits an unlawful employment practice if
	the employer discriminates because of or on the basis of a
	reproductive decision of the employee, the employee's spouse or
	partner, the employee's dependent, or any other member of the
	employee's family or household.
	(c)  An employer that provides an employee handbook or manual
	to employees shall include in the handbook or manual information
	regarding the prohibition of discrimination based on a reproductive
	decision.
	(d)  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 limits the
	reproductive decisions of an employee, an employee's spouse or
	partner, an employee's dependent, or any other member of the
	employee's family or household.
	SECTION 2.  Section 21.051, Labor Code, is amended to read as
	follows:
	Sec. 21.051.  DISCRIMINATION BY EMPLOYER.  An employer
	commits an unlawful employment practice if because of race, color,
	disability, religion, sex, national origin, [or] age, or
	reproductive decisions the employer:
	(1)  fails or refuses to hire an individual, discharges
	an individual, or discriminates in any other manner against an
	individual in connection with compensation or the terms,
	conditions, or privileges of employment; or
	(2)  limits, segregates, or classifies an employee or
	applicant for employment in a manner that would deprive or tend to
	deprive an individual of any employment opportunity or adversely
	affect in any other manner the status of an employee.
	SECTION 3.  Section 21.052, Labor Code, is amended to read as
	follows:
	Sec. 21.052.  DISCRIMINATION BY EMPLOYMENT AGENCY.  An
	employment agency commits an unlawful employment practice if the
	employment agency:
	(1)  fails or refuses to refer for employment or
	discriminates in any other manner against an individual because of
	race, color, disability, religion, sex, national origin, [or] age,
	or reproductive decisions; or
	(2)  classifies or refers an individual for employment
	on the basis of race, color, disability, religion, sex, national
	origin, [or] age, or reproductive decisions.
	SECTION 4.  Section 21.053, Labor Code, is amended to read as
	follows:
	Sec. 21.053.  DISCRIMINATION BY LABOR ORGANIZATION.  A labor
	organization commits an unlawful employment practice if because of
	race, color, disability, religion, sex, national origin, [or] age,
	or reproductive decisions the labor organization:
	(1)  excludes or expels from membership or
	discriminates in any other manner against an individual; or
	(2)  limits, segregates, or classifies a member or an
	applicant for membership or classifies or fails or refuses to refer
	for employment an individual in a manner that would:
	(A)  deprive or tend to deprive an individual of
	any employment opportunity;
	(B)  limit an employment opportunity or adversely
	affect in any other manner the status of an employee or of an
	applicant for employment; or
	(C)  cause or attempt to cause an employer to
	violate this subchapter.
	SECTION 5.  Section 21.054, Labor Code, is amended to read as
	follows:
	Sec. 21.054.  ADMISSION OR PARTICIPATION IN TRAINING
	PROGRAM. [(a)] Unless a training or retraining opportunity or
	program is provided under an affirmative action plan approved under
	a federal law, rule, or order, an employer, labor organization, or
	joint labor-management committee controlling an apprenticeship,
	on-the-job training, or other training or retraining program
	commits an unlawful employment practice if the employer, labor
	organization, or committee discriminates against an individual
	because of race, color, disability, religion, sex, national origin,
	[or] age, or reproductive decisions in admission to or
	participation in the program.
	SECTION 6.  Section 21.059(a), Labor Code, is amended to
	read as follows:
	(a)  An employer, labor organization, employment agency, or
	joint labor-management committee controlling an apprenticeship,
	on-the-job training, or other training or retraining program
	commits an unlawful employment practice if the employer, labor
	organization, employment agency, or committee prints or publishes
	or causes to be printed or published a notice or advertisement
	relating to employment that:
	(1)  indicates a preference, limitation,
	specification, or discrimination based on race, color, disability,
	religion, sex, national origin, [or] age, or reproductive
	decisions; and
	(2)  concerns an employee's status, employment, or
	admission to or membership or participation in a labor union or
	training or retraining program.
	SECTION 7.  Section 21.102(c), Labor Code, is amended to
	read as follows:
	(c)  This section does not apply to standards of compensation
	or terms, conditions, or privileges of employment that are
	discriminatory on the basis of race, color, disability, religion,
	sex, national origin, [or] age, or reproductive decisions.
	SECTION 8.  Section 21.112, Labor Code, is amended to read as
	follows:
	Sec. 21.112.  EMPLOYEES AT DIFFERENT LOCATIONS.  An employer
	does not commit an unlawful employment practice by applying to
	employees who work in different locations different standards of
	compensation or different terms, conditions, or privileges of
	employment that are not discriminatory on the basis of race, color,
	disability, religion, sex, national origin, [or] age, or
	reproductive decisions.
	SECTION 9.  Section 21.120(b), Labor Code, is amended to
	read as follows:
	(b)  Subsection (a) does not apply to a policy adopted or
	applied with the intent to discriminate because of race, color,
	sex, national origin, religion, age, [or] disability, or
	reproductive decisions.
	SECTION 10.  Section 21.122(a), Labor Code, is amended to
	read as follows:
	(a)  An unlawful employment practice based on disparate
	impact is established under this chapter only if:
	(1)  a complainant demonstrates that a respondent uses
	a particular employment practice that causes a disparate impact on
	the basis of race, color, sex, national origin, religion, [or]
	disability, or reproductive decisions and the respondent fails to
	demonstrate that the challenged practice is job-related for the
	position in question and consistent with business necessity; or
	(2)  the complainant makes the demonstration in
	accordance with federal law as that law existed June 4, 1989, with
	respect to the concept of alternative employment practices, and the
	respondent refuses to adopt such an alternative employment
	practice.
	SECTION 11.  Section 21.124, Labor Code, is amended to read
	as follows:
	Sec. 21.124.  PROHIBITION AGAINST DISCRIMINATORY USE OF TEST
	SCORES.  It is an unlawful employment practice for a respondent, in
	connection with the selection or referral of applicants for
	employment or promotion, to adjust the scores of, use different
	cutoff scores for, or otherwise alter the results of
	employment-related tests on the basis of race, color, sex, national
	origin, religion, age, [or] disability, or reproductive decisions.
	SECTION 12.  The heading to Section 21.125, Labor Code, is
	amended to read as follows:
	Sec. 21.125.  CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE
	CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE,
	[OR] DISABILITY, OR REPRODUCTIVE DECISIONS IN EMPLOYMENT
	PRACTICES.
	SECTION 13.  Section 21.125(a), Labor Code, is amended to
	read as follows:
	(a)  Except as otherwise provided by this chapter, an
	unlawful employment practice is established when the complainant
	demonstrates that race, color, sex, national origin, religion, age,
	[or] disability, or a reproductive decision was a motivating factor
	for an employment practice, even if other factors also motivated
	the practice, unless race, color, sex, national origin, religion,
	age, [or] disability, or a reproductive decision is combined with
	objective job-related factors to attain diversity in the employer's
	work force.
	SECTION 14.  Section 21.126, Labor Code, is amended to read
	as follows:
	Sec. 21.126.  COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE
	STATE OR POLITICAL SUBDIVISION OF THE STATE.  It is an unlawful
	employment practice for a person elected to public office in this
	state or a political subdivision of this state to discriminate
	because of race, color, sex, national origin, religion, age, [or]
	disability, or reproductive decisions against an individual who is
	an employee or applicant for employment to:
	(1)  serve on the elected official's personal staff;
	(2)  serve the elected official on a policy-making
	level; or
	(3)  serve the elected official as an immediate advisor
	with respect to the exercise of the constitutional or legal powers
	of the office.
	SECTION 15.  Section 21.152(a), Labor Code, is amended to
	read as follows:
	(a)  A political subdivision or two or more political
	subdivisions acting jointly may create a local commission to:
	(1)  promote the purposes of this chapter; and
	(2)  secure for all individuals in the jurisdiction of
	each political subdivision freedom from discrimination because of
	race, color, disability, religion, sex, national origin, [or] age,
	or reproductive decisions.
	SECTION 16.  Section 21.155(a), Labor Code, is amended to
	read as follows:
	(a)  The commission [Commission on Human Rights] shall refer
	a complaint concerning discrimination in employment because of
	race, color, disability, religion, sex, national origin, [or] age,
	or reproductive decisions that is filed with the [that] commission
	to a local commission with the necessary investigatory and
	conciliatory powers if:
	(1)  the complaint has been referred to the commission
	[Commission on Human Rights] by the federal government; or
	(2)  jurisdiction over the subject matter of the
	complaint has been deferred to the commission [Commission on Human
	Rights] by the federal government.
	SECTION 17.  (a)  Except as provided by Subsection (b) of
	this section, the change in law made by this Act applies only to a
	claim of discrimination based on conduct occurring on or after the
	effective date of this Act. A claim of discrimination that is based
	on conduct occurring before that date is governed by the law in
	effect on the date the conduct occurred, and the former law is
	continued in effect for that purpose.
	(b)  Section 21.1061(d), Labor Code, as added by this Act,
	applies to an agreement entered into before, on, or after the
	effective date of this Act.
	SECTION 18.  This Act takes effect September 1, 2023.