SB2104 - Relating to the prohibition of military status discrimination.

      By: Blanco S.B. No. 2104               A BILL TO BE ENTITLED   AN ACT   relating to the prohibition of military status discrimination.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 21.002, Labor Code, is amended by adding   Subdivision (11-b) to read as follows:                 (11-b) "Military status" includes a person's status as a   person who:                       (A)     is currently serving in the armed forces of   the United States;                       (B)     is in a reserve component of the armed forces   of the United States, including the National Guard, or in the state   military service of any state;                       (C)     has served in the armed forces of the United   States, the state military forces, or an auxiliary service of a   branch of the armed forces and has been honorably discharged from   the branch of the service in which the person served; or                       (D)     is a spouse or child of a person who is   currently serving or has served in the armed forces of the United   States.          SECTION 2.  Section 21.005, Labor Code, is amended by adding   Subsection (d) to read as follows:           (d)     A provision in this chapter prohibiting discrimination   on the basis of an individual's military status does not affect the   operation or enforcement of a program under the laws of this state   or the United States that is designed to give a preference to a   military veteran in recognition of the veteran's service to this   state or the United States, including a preference authorized   under Section 302.154 or under Chapter 657, Government Code.          SECTION 3.  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 , or because of   the individual's military status, 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 4.  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 , or   because of the individual's military status ; or                (2)  classifies or refers an individual for employment   on the basis of race, color, disability, religion, sex, national   origin, or age , or because of the individual's military status .          SECTION 5.  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 , or   because of the individual's military status, 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 6.  Section 21.054, Labor Code, is amended to read as   follows:          Sec. 21.054.  ADMISSION OR PARTICIPATION IN TRAINING   PROGRAM.  [ (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 , or because of the individual's military status, in   admission to or participation in the program.          SECTION 7.  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 , or based on an individual's   military status ; 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 8.  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 , or on the basis of an individual's   military status .          SECTION 9.  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 , or on the basis   of an individual's military status .          SECTION 10.  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 , or   on the basis of an individual's military status, 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 , or the total number or percentage of   individuals who have military status :                      (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 , or   the total number or percentage of individuals who have military   status, 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 11.  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 , or because of   an individual's military status .          SECTION 12.  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 , or on the basis of an individual's military status, 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 13.  Section 21.124, Labor Code, is amended to read   as follows:          Sec. 21.124.  PROHIBITION AGAINST DISCRIMINATORY USE OF TEST   SCORES.   (a)  Except as provided by Subsection (b), it [ 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 , or on the basis of an individual's military status .           (b)     Subsection (a) does not apply to an act described by   that subsection that is made in conjunction with a preference   program for military veterans authorized under a law of this s [Text truncated for display. 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