Bill Text: TX HB618 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the prohibition of certain required nondisclosure and arbitration agreements.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-03-18 - Left pending in committee [HB618 Detail]
Download: Texas-2019-HB618-Introduced.html
86R4217 JSC-D | ||
By: Neave | H.B. No. 618 |
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relating to the prohibition of certain required nondisclosure and | ||
arbitration agreements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended | ||
by adding Section 21.0605 to read as follows: | ||
Sec. 21.0605. REQUIRING NONDISCLOSURE OR ARBITRATION | ||
AGREEMENT. An employer commits an unlawful employment practice if | ||
the employer fails or refuses to hire, discharges, harasses, or in | ||
any other manner discriminates against an individual in connection | ||
with compensation, terms, conditions, or privileges of employment | ||
because the individual refuses to sign an agreement prohibited | ||
under Chapter 25. | ||
SECTION 2. Subtitle A, Title 2, Labor Code, is amended by | ||
adding Chapter 25 to read as follows: | ||
CHAPTER 25. CERTAIN NONDISCLOSURE AND ARBITRATION AGREEMENTS | ||
PROHIBITED | ||
Sec. 25.001. DEFINITIONS. For the purposes of this | ||
chapter: | ||
(1) "Sexual assault" means conduct described by | ||
Section 22.011 or 22.021, Penal Code. | ||
(2) "Sexual harassment" means an unwelcome sexual | ||
advance, a request for a sexual favor, or any other verbal or | ||
physical conduct of a sexual nature if: | ||
(A) submission to the advance, request, or | ||
conduct is made a term or condition of an individual's employment, | ||
either explicitly or implicitly; | ||
(B) submission to or rejection of the advance, | ||
request, or conduct by an individual is used as the basis for an | ||
employment decision; | ||
(C) the advance, request, or conduct has the | ||
purpose or effect of unreasonably interfering with an individual's | ||
work performance; or | ||
(D) the advance, request, or conduct has the | ||
purpose or effect of creating an intimidating, hostile, or | ||
offensive working environment. | ||
Sec. 25.002. CERTAIN AGREEMENTS PROHIBITING REPORTING OR | ||
DISCLOSURE OF SEXUAL ASSAULT OR SEXUAL HARASSMENT VOID AND | ||
UNENFORCEABLE. A nondisclosure or confidentiality agreement or | ||
other agreement between an employer and an employee is void and | ||
unenforceable as against the public policy of this state to the | ||
extent the agreement: | ||
(1) prohibits the employee from notifying, or limits | ||
the employee's ability to notify, a local or state law enforcement | ||
agency or any state or federal regulatory agency of sexual assault | ||
or sexual harassment committed by an employee of the employer or at | ||
the employee's place of employment; or | ||
(2) prohibits an employee from disclosing to any | ||
person, including during any related investigation, prosecution, | ||
legal proceeding, or dispute resolution, facts surrounding any | ||
sexual assault or sexual harassment committed by an employee of the | ||
employer or at the employee's place of employment, including the | ||
identity of the alleged offender. | ||
Sec. 25.003. MANDATORY ARBITRATION AGREEMENT COVERING | ||
DISPUTE INVOLVING ALLEGATION OF SEXUAL ASSAULT OR SEXUAL HARASSMENT | ||
VOID AND UNENFORCEABLE. 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 imposes | ||
mandatory arbitration of a dispute involving an allegation of | ||
sexual assault or sexual harassment. | ||
SECTION 3. (a) The change in law made by this Act by the | ||
enactment of Section 21.0605, Labor Code, applies only to an | ||
unlawful employment practice that occurs on or after the effective | ||
date of this Act. | ||
(b) The change in law made by this Act by the enactment of | ||
Chapter 25, Labor Code, applies to an agreement entered into | ||
before, on, or after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2019. |