85th Legislature Passes EEO Bills In Regular Session

During the 85th Regular Legislative Session, the Texas Legislature passed two bills related to equal employment opportunity (EEO) affecting the Civil Rights Division (CRD).

During the 85th Regular Legislative Session, the Texas Legislature passed two bills related to equal employment opportunity (EEO) affecting the Civil Rights Division (CRD).

The Governor signed both bills, which are effective as of September 1, 2017.

Employer’s Leave Policy Must Permit Employee to Use Leave to Care for Foster Child The first bill, HB 88, amends Chapter 21 of the Texas Labor Code to add Section 21.0595 relating to a discriminatory leave policy affecting an employee’s entitlement to personal leave to care for a sick foster child.

The new Section makes it an unlawful employment practice for an employer to administer a leave policy under which an employee is entitled to personal leave to care for his/her sick child, but not treat a foster child who resides in the same household as the employee and is in conservatorship in the same manner as a biological or adopted minor child.

The new law only applies to a claim of discrimination based on conduct occurring on or after September 1, 2017.

Since the U.S. Equal Employment Commission (EEOC) does not enforce a similar foster child leave claim under federal law, a claimant cannot file this type of claim with the EEOC and have it automatically filed with CRD.

Nonetheless, these foster child leave claims will be investigated under procedures that are substantially similar to those CRD follows for investigation of discrimination based on race, age, color, sex, national origin, religion, disability, retaliation or genetic information.

EEO Policy Statement Submission by the Texas Racing Commission The second bill, SB 1969, revamped and codified the Texas Racing Commission’s enabling legislation under the Texas Occupations Code.

The bill includes a provision under Section 2022.055, which is substantially the same as its predecessor under Article 179e, Section 2.19 of the Texas Revised Civil Statutes, requiring the Texas Racing Commission to maintain a written EEO policy statement, including personnel policies relating to recruitment, evaluation, selection, appointment, training and promotion of personnel.

Also, the bill requires that the EEO policy statement encompass a workforce analysis, procedures for determining underuse in its workforce of persons for whom state or federal requirements encourage a more equitable balance, and reasonable methods to address those areas, which we refer to as a “recruitment plan” under Section 21.502 of the Texas Labor Code.

The legislation directs the Texas Racing Commission to annually submit these policies and materials to CRD to review for compliance with Chapter 21, as is required of other state agencies.