Bill > HB5538

This bill modifies the legal standard for protecting mandatory reporters of child abuse or neglect from workplace retaliation in Texas. Specifically, the bill changes the burden of proof in legal cases where an employee claims they were fired, suspended, or discriminated against for reporting suspected child abuse or neglect. Under the revised law, the plaintiff must now prove that their report of abuse or participation in an investigation was a "motivating factor" in their employer's adverse employment action. The bill maintains the existing rebuttable presumption of retaliation if the adverse employment action occurs within 60 days of the good faith report, which means the employer would need to provide a legitimate, non-retaliatory reason for the employment action. This change potentially makes it slightly more challenging for employees to prove retaliation, as they must now demonstrate that their reporting was a motivating factor in the employment action, rather than simply showing a close temporal connection between the report and the adverse action. The bill is set to take effect on September 1, 2025.

Health and Social Services

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB5538