89R487 SCP-F     By: Eckhardt, et al. S.B. No. 361       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.