87(R) SB 578 - Introduced version - Bill Text

	87R3494 SGM-F
	By:  Eckhardt	S.B.  No.  578

	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 21.1068 to read as follows:
	Sec.  21.1068.    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
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