Bill Text: TX SB589 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the prohibition of certain required nondisclosure and arbitration agreements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-21 - Referred to State Affairs [SB589 Detail]
Download: Texas-2019-SB589-Introduced.html
| 86R7268 JSC-D | ||
| By: Watson | S.B. No. 589 | |
|
|
||
|
|
||
| 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. | ||
| Sec. 25.004. CIVIL SETTLEMENT AGREEMENTS. (a) This | ||
| section applies to a settlement agreement related to a claim filed | ||
| in a civil action or a complaint filed in an administrative action | ||
| involving sexual assault or sexual harassment committed by an | ||
| employee of the employer or at the employee's place of employment. | ||
| (b) This chapter does not prohibit a settlement agreement to | ||
| which this section applies that contains a provision that prevents | ||
| the disclosure of factual information related to the claim or | ||
| complaint. | ||
| SECTION 3. (a) Section 21.0605, Labor Code, as added by | ||
| this Act, applies only to an unlawful employment practice that | ||
| occurs on or after the effective date of this Act. | ||
| (b) Sections 25.002 and 25.003, Labor Code, as added by this | ||
| Act, apply to an agreement entered into before, on, or after the | ||
| effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2019. | ||
