HB 768 restores the original intent of the statute by requiring the employee to prove that retaliation was a substantial cause of any alleged employment discrimination. Simply proving that the employee was treated differently after filing a claim will not be sufficient.

Under the new law, a wrongfully discharged employee will still be able to recover damages against an employer for retaliating against the employee, but the workers' compensation statute will not create a general cause of action for "employment discrimination." The new law restores the original intent of the statute, which is to protect the integrity of the workers' compensation system.

This case law is the result of a recent Texas Supreme Court decision. A legislative remedy, HB 768, was passed but deemed unnecessary due to the supreme court's decision adopting a "but-for" standard of liability in wrongful discharge claims.