85R2992 LED-D
	By: Johnson of Dallas	H.B. No. 225

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prohibition of employment discrimination based on
	sexual orientation or gender identity or expression.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 21.002, Labor Code, is amended by adding
	Subdivisions (9-a) and (13-a) to read as follows:
	(9-a)  "Gender identity or expression" means having or
	being perceived as having a gender-related identity, appearance,
	expression, or behavior, regardless of whether that identity,
	appearance, expression, or behavior is different from that commonly
	associated with the individual's actual or perceived sex.
	(13-a)  "Sexual orientation" means the actual or
	perceived status of an individual with respect to the individual's
	sexuality.
	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, sexual
	orientation, or gender identity or expression 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,
	sexual orientation, or gender identity or expression; or
	(2)  classifies or refers an individual for employment
	on the basis of race, color, disability, religion, sex, national
	origin, [or] age, sexual orientation, or gender identity or
	expression.
	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,
	sexual orientation, or gender identity or expression 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 5.  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, sexual orientation, or gender identity or expression in
	admission to or participation in the program.
	SECTION 6.  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, sexual orientation, or
	gender identity or expression; 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 7.  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, sexual orientation, or gender
	identity or expression.
	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, sexual
	orientation, or gender identity or expression.
	SECTION 9.  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,
	sexual orientation, or gender identity or expression 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, sexual orientation, or gender identity
	or expression:
	(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,
	sexual orientation, or gender identity or expression 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 10.  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, sexual
	orientation, or gender identity or expression.
	SECTION 11.  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, sexual orientation, or gender identity or expression
	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 12.  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, sexual orientation, or
	gender identity or expression.
	SECTION 13.  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, SEXUAL ORIENTATION, OR GENDER IDENTITY OR
	EXPRESSION IN EMPLOYMENT PRACTICES.
	SECTION 14.  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, sexual orientation, or gender identity or
	expression 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, sexual
	orientation, or gender identity or expression is combined with
	objective job-related factors to attain diversity in the employer's
	work force.
	SECTION 15.  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, sexual orientation, or gender identity or expression
	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 16.  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,
	sexual orientation, or gender identity or expression.
	SECTION 17.  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,
	sexual orientation, or gender identity or expression 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 18.  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 19.  This Act takes effect September 1, 2017.