SB 248 by Sen. Wendy Davis (D-Fort Worth) specifically designates discrimination in the payment of compensation as an unlawful employment practice under Chapter 21, Labor Code, which allows employees alleging discrimination in employment to file complaints against employers and recover certain damages, including up to two years of back pay.
SB 248 provides that a violation of the Labor Code occurs each time:
(1) a discriminatory compensation decision or other practice is adopted;
(2) an individual becomes subject to a discriminatory compensation decision or other practice; or
(3) an individual is adversely affected by application of a discriminatory compensation decision or other practice,including each time wages, benefits, or other compensation affected wholly or partly by such a decision or other practice is paid.
The bill further provides that liability under a back pay award may accrue, and an aggrieved person may obtain relief, including recovery of back pay for up to two years preceding the date of filing the complaint, if the unlawful employment practices that have occurred during the period for filing a complaint are similar or related to unlawful employment practices with regard to discrimination in payment of compensation that occurred outside the period for filing a complaint.
Companion bill is HB 950 by Senfronia Thompson (D-Houston).