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 explicitly defines discrimination related to reproductive decisions, encompassing aspects such as marital status during pregnancy, the use of assisted reproduction, contraception, and other reproductive health services. Additionally, it mandates that employers include information about this prohibition in employee handbooks and renders any mandatory arbitration agreements that limit reproductive decisions void.

Furthermore, the bill introduces Section 21.1061, which outlines that discrimination based on reproductive decisions includes actions against an employee, their spouse or partner, dependents, or other family members. The legislation aims to ensure that individuals are not discriminated against in employment practices due to their reproductive choices and reinforces the importance of equitable treatment in the workplace. The changes will take effect on September 1, 2025, and will apply to claims of discrimination based on conduct occurring on or after that date, while maintaining the applicability of previous laws 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)