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Bill

SB 361

Relating to a prohibition of employment discrimination on the basis of reproductive decisions and certain employment agreements limiting reproductive decisions.

89th Legislature (2025) Introduced by Carol Alvarado and 2 co-sponsors

Texas bill prohibits employers from discriminating against or restricting employees based on reproductive decisions, invalidating related employment agreements.

Referred to Economic Development
#discrimination(s0052) #health--otherdiseases&medicalconditions(i0383) #labor--general(i0500) #labor--managementrelations(i0465) #pregnancy&childbirth(s0294) #workforcecommission #texas(v0470) #women(i0925)
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Bill Summary · SB 361

Legislative bill overview

SB 361 would prohibit employers in Texas from discriminating against employees based on reproductive decisions and would invalidate employment agreements that restrict or limit employees' reproductive choices. The bill addresses both hiring/firing practices and contractual provisions that penalize workers for fertility, contraception, pregnancy, or related medical decisions.

Why is this important

This legislation directly impacts workplace rights and employee protections in a state with significant reproductive restrictions. It creates potential legal conflict between employer interests, state reproductive laws, and employee autonomy—affecting hiring practices, benefits administration, and enforcement of non-compete or other restrictive employment agreements tied to reproductive status.

Potential points of contention

  • Conflict with existing Texas law: Texas has among the nation's strictest abortion restrictions; this bill's protections for "reproductive decisions" may clash with state policy limiting abortion access, creating legal ambiguity about which decisions are protected
  • Employer burden and scope: Defining what constitutes prohibited discrimination based on "reproductive decisions" is vague and could expose employers to litigation over hiring, promotion, benefits, and workplace policies
  • Enforcement mechanisms: The bill does not specify remedies, penalties, or which agency enforces violations, leaving uncertainty about practical implementation and employer compliance standards

Compiled from official sources — confirm details with the bill’s official record.

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