85R616 JSC-D     By: Blanco H.B. No. 1801       A BILL TO BE ENTITLED   AN ACT   relating to the prohibition of employment discrimination regarding   military service members and military veterans.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.002, Labor Code, is amended by adding   Subdivisions (11-b) and (11-c) to read as follows:                (11-b)  "Military service member" means a person who is   currently serving in the armed forces of the United States, in a   reserve component of the armed forces of the United States,   including the National Guard, or in the state military service of   any state.                (11-c)  "Military veteran" means a person who:                      (A)  has served in:                            (i)  the armed forces of the United States or   the United States Public Health Service under 42 U.S.C. Section 201   et seq.;                            (ii)  the state military forces, as defined   by Section 431.001, Government Code; or                            (iii)  an auxiliary service of a branch of   the armed forces described by Subparagraph (i) or (ii); and                      (B)  has been honorably discharged from the branch   of the service in which the person served.          SECTION 2.  Section 21.005, Labor Code, is amended by adding   Subsection (d) to read as follows:          (d)  A provision in this chapter prohibiting discrimination   on the basis of an individual's status as a military service member   or military veteran does not affect the operation or enforcement of   a program under the laws of this state or the United States that is   designed to give a preference to a military service member or   military veteran in recognition of the service member's or   veteran's service to this state or the United States, including a   preference authorized under Section 302.154 or under Chapter 657,   Government Code.          SECTION 3.  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 because of   the individual's status as a military service member or military   veteran, 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 4.  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   because of the individual's status as a military service member or   military veteran; or                (2)  classifies or refers an individual for employment   on the basis of race, color, disability, religion, sex, national   origin, or age, or because of the individual's status as a military   service member or military veteran.          SECTION 5.  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   because of the individual's status as a military service member or   military veteran, 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 6.  Section 21.054(a), Labor Code, is amended to   read as follows:          (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 because of the individual's status as a military service   member or military veteran, in admission to or participation in the   program.          SECTION 7.  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 based on an individual's   status as a military service member or military veteran; 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 8.  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 on the basis of an individual's   status as a military service member or military veteran.          SECTION 9.  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 on the basis   of an individual's status as a military service member or military   veteran.          SECTION 10.  Section 21.113, Labor Code, is amended to read   as follows:          Sec. 21.113.  IMBALANCE PLAN NOT REQUIRED.  This chapter   does not require a person subject to this chapter to grant   preferential treatment to an individual or a group on the basis of   race, color, disability, religion, sex, national origin, or age, or   on the basis of an individual's status as a military service member   or military veteran, because of an imbalance between:                (1)  the total number or percentage of persons of that   individual's or group's race, color, disability, religion, sex,   national origin, or age, or the total number or percentage of   individuals who are military service members or military veterans:                      (A)  employed by an employer;                      (B)  referred or classified for employment by an   employment agency or labor organization;                      (C)  admitted to membership or classified by a   labor organization; or                      (D)  admitted to or employed in an apprenticeship,   on-the-job training, or other training or retraining program; and                (2)  the total number or percentage of persons of that   race, color, disability, religion, sex, national origin, or age, or   the total number or percentage of individuals who are military   service members or military veterans, in:                      (A)  a community, this state, a region, or other   area; or                      (B)  the available work force in a community, this   state, a region, or other area.          SECTION 11.  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 because of   an individual's status as a military service member or military   veteran.          SECTION 12.  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 on the basis of an individual's status as a military   service member or military veteran, 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 13.  Section 21.124, Labor Code, is amended to read   as follows:          Sec. 21.124.  PROHIBITION AGAINST DISCRIMINATORY USE OF TEST   SCORES.  (a)  Except as provided by Subsection (b), it [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 on the basis of an individual's status as a military   service member or military veteran.          (b)  Subsection (a) does not apply to an act described by   that subsection that is made in conjunction with a preference   program for military service members or military veterans   authorized under a law of this state or the United States.          SECTION 14.  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 STATUS AS MILITARY SERVICE MEMBER OR MILITARY   VETERAN, IN EMPLOYMENT PRACTICES.          SECTION 15.  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 status as a military service member or military   veteran, 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 status as a   military service member or military veteran, is combined with   objective job-related factors to attain diversity in the employer's   work force.          SECTION 16.  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 because of the individual's status as a military   service member or military veteran, 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 17.  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   on the basis of an individual's status as a military service member   or military veteran.          SECTION 18.  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   because of status as a military service member or military veteran,   that is filed with 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 19.  This Act applies to conduct occurring on or   after the effective date of this Act. 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.          SECTION 20.  This Act takes effect September 1, 2017.