HBA-JEK H.B. 2590 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2590
By: Ehrhardt
Public Education
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Current law prohibits an employer that is a county, municipality, state
agency, or state instrumentality from taking negative employment action
against an employee based on race, color, disability, religion, sex,
national origin, or age.   The law does not specifically address unlawful
employment practices by school districts or discrimination based on sexual
orientation or gender identity.  While some local governments have
prohibited employment discrimination based on sexual orientation or gender
identity, state law does not provide recourse for such discrimination.
House Bill 2590 expands provisions regarding unlawful employment practice
to school districts and prohibits school districts from discriminating
against employees based on sexual orientation or gender identity.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2590 amends the Labor Code to provide that an employer who is a
school district commits an unlawful employment practice if the employer
because of race, color, disability, religion, gender, gender identity,
national origin, age, or sexual orientation: 

 _fails or refuses to hire an individual; 

 _discharges an individual; 

 _discriminates against an individual in connection with compensation or
the terms, conditions, or privileges of employment; or 

 _limits, segregates, or classifies an employee or applicant for employment
in a  manner that would deprive an individual of any employment opportunity
or adversely affect in any other manner the status of the employee. 

EFFECTIVE DATE

September 1, 2001.