The proposed bill, S.B. No. 361, seeks to amend the Texas Labor Code to prohibit employment discrimination based on reproductive decisions. Key amendments include the addition of "reproductive decisions" to the list of protected categories under Sections 21.051, 21.052, 21.053, and other relevant sections, which previously included race, color, disability, religion, sex, national origin, and age. The bill also introduces a new section, 21.1061, which defines discrimination based on reproductive decisions to include factors such as marital status during pregnancy, the use of assisted reproduction, contraception, and other reproductive health services. Furthermore, it declares any employment agreements that limit reproductive decisions as void and unenforceable.

In addition to these insertions, the bill removes references to age in several sections, thereby broadening the scope of discrimination protections. Employers are required to include information about the prohibition of discrimination based on reproductive decisions in employee handbooks. The bill is set to take effect on September 1, 2025, and applies to claims of discrimination based on conduct occurring on or after that date, while maintaining the previous law for conduct occurring before the effective date.

Statutes affected:
Introduced: Labor Code 21.051, Labor Code 21.052, Labor Code 21.053, Labor Code 21.054, Labor Code 21.059, Labor Code 21.102, Labor Code 21.112, Labor Code 21.120, Labor Code 21.122, Labor Code 21.124, Labor Code 21.125, Labor Code 21.126, Labor Code 21.152, Labor Code 21.155 (Labor Code 21)