bill adding reproductive decisions to protected job traits

The text as introduced · 1,780 words

89R487 SCP-F

By: Rosenthal
H.B. No. 302

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. 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 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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 because of or on the

basis of 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 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, 2025.