Thompson bill banning wage history questions

The text as introduced · 634 words

89R1398 RDS-D

By: Thompson
H.B. No. 835

A BILL TO BE ENTITLED

AN ACT

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, 2026.

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, 2025.