reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter A. General Provisions › Section 21.0021. Construction of Certain Definitions

Sec. 21.0021.  CONSTRUCTION OF CERTAIN DEFINITIONS.  (a)  The term "disability":
(1)  shall be construed in favor of broad coverage of individuals under Subchapters B and C, to the maximum extent allowed under those subchapters; and
(2)  includes an impairment that is episodic or in remission that substantially limits a major life activity when active.
(b)  The determination of whether an impairment substantially limits a major life activity must be made without regard to the ameliorative effects of mitigating measures, including:
(1)  medication, medical supplies, medical equipment, medical appliances, prosthetic limbs and devices, hearing aids, cochlear implants and other implantable hearing devices, mobility devices, and oxygen therapy equipment;
(2)  devices that magnify, enhance, or otherwise augment a visual image, other than eyeglasses and contact lenses that are intended to fully correct visual acuity or eliminate refractive error;
(3)  the use of assistive technology;
(4)  reasonable accommodations and auxiliary aids or services; and
(5)  learned behavioral or adaptive neurological modifications.
Added by Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter A. General Provisions › Section 21.0022. Franchisors Excluded

Sec. 21.0022.  FRANCHISORS EXCLUDED.  (a)  In this section, "franchisee" and "franchisor" have the meanings assigned by 16 C.F.R. Section 436.1.
(b)  For purposes of this chapter, a franchisor is not considered to be an employer of:
(1)  a franchisee; or
(2)  a franchisee's employees.
(c)  With respect to a specific claim for relief under this chapter made by a franchisee or a franchisee's employee, this section does not apply to a franchisor who has been found by a court of competent jurisdiction in this state to have exercised a type or degree of control over the franchisee or the franchisee's employees not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
Added by Acts 2015, 84th Leg., R.S., Ch. 1156 (S.B. 652), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter A. General Provisions › Section 21.003. General Powers and Duties of Commission

Sec. 21.003.  GENERAL POWERS AND DUTIES OF COMMISSION.  (a)  The commission may:
(1)  promote the creation of local commissions on human rights by cooperating or contracting with individuals or state, local, or other agencies, public or private, including agencies of the federal government and of other states;
(2)  receive, investigate, seek to conciliate, and pass on complaints alleging violations of this chapter;
(3)  file civil actions to effectuate the purposes of this chapter;
(4)  request and, if necessary, compel by subpoena:
(A)  the attendance of necessary witnesses for examination under oath;  and
(B)  the production, for inspection and copying, of records, documents, and other evidence relevant to the investigation of alleged violations of this chapter;
(5)  furnish technical assistance requested by a person subject to this chapter to further compliance with this chapter or with a rule or order issued under this chapter;
(6)  recommend in its annual report legislation or other action to carry out the purposes and policies of this chapter;
(7)  adopt procedural rules to carry out the purposes and policies of this chapter;  and
(8)  provide educational and outreach activities to individuals who have historically been victims of employment discrimination.
(b)  The commission by rule may authorize a commissioner or one of its staff to exercise the powers stated in Subsection (a)(4) on behalf of the commission.
(c)  The commission biennially shall develop an inventory of equal employment opportunity policies and programs adopted and implemented by the various state agencies.
(d)  The commission at least annually shall make a comprehensive written report on the commission's activities to the governor and to the legislature.
(e)  The commission shall conduct a study of the policies and programs of a selected state agency if the commission is directed to conduct the study by legislative resolution or by executive order of the governor.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.03(a), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 872, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 77, eff. September 1, 2013.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter A. General Provisions › Section 21.0035. Civilian Workforce Composition

Sec. 21.0035.  CIVILIAN WORKFORCE COMPOSITION.  (a)  The commission by rule shall biennially determine:
(1)  the percentage of the statewide civilian workforce composed of:
(A)  Caucasian Americans;
(B)  African Americans;
(C)  Hispanic Americans;
(D)  females;  and
(E)  males;  and
(2)  the percentage of the statewide civilian workforce of the groups listed in Subdivision (1) according to the following job categories:
(A)  state agency administration;
(B)  professional;
(C)  technical;
(D)  protective services;
(E)  paraprofessional;
(F)  administrative support;
(G)  skilled craft;  and
(H)  service and maintenance.
(b)  The commission shall report the percentages of the statewide civilian workforce as determined under this section to the governor and the legislature not later than the fifth day of each regular session of the legislature.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter A. General Provisions › Section 21.004. Criminal Offense of Interference; Penalty

Sec. 21.004.  CRIMINAL OFFENSE OF INTERFERENCE;  PENALTY.  (a)  A person commits an offense if the person wilfully resists, prevents, impedes, or interferes with the performance of a duty under or the exercise of a power provided by this chapter.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter A. General Provisions › Section 21.005. Construction With Other Laws

Sec. 21.005.  CONSTRUCTION WITH OTHER LAWS.  (a)  This chapter does not relieve a government agency or official of the responsibility to ensure nondiscrimination in employment as required under another provision of the state or federal constitutions or laws.
(b)  This chapter does not affect the standards for determining eligibility for benefits under Title 5 or under a state or federal disability benefit program.
(c)  Nothing in this chapter may be construed as the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual's lack of a disability.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter A. General Provisions › Section 21.006. Conformity With Federal Statutes

Sec. 21.006.  CONFORMITY WITH FEDERAL STATUTES.  If a provision of this chapter is held by the Equal Employment Opportunity Commission to disqualify the commission as a deferral agency or for the receipt of federal funds, the commission shall administer this chapter to qualify for deferral status or the receipt of those funds until the legislature meets in its next session and has an opportunity to amend this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter A. General Provisions › Section 21.007. Privileged Communication; Immunity

Sec. 21.007.  PRIVILEGED COMMUNICATION;  IMMUNITY.  An oral or written statement made to a commissioner or an employee of the commission in connection with the discharge of the commissioner's or employee's duties under this chapter may not be the basis for an action for defamation of character.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.08(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter A. General Provisions › Section 21.008. Limited Severability

Sec. 21.008.  LIMITED SEVERABILITY.  (a)  If any clause, sentence, subsection, section, or other provision of this chapter or the application of such a provision to any person or circumstances is held invalid or unconstitutional, that invalidity shall not affect the other clauses, sentences, subsections, sections, or provisions or applications of this chapter that may be given effect without the invalid clause, sentence, subsection, section, or provision or application and shall not affect, invalidate, impair, or nullify the remainder of this chapter.  The effect of the determination of invalidity shall be confined to the clause, sentence, subsection, section, or provision or application so adjudicated to be invalid or unconstitutional, and to that end the provisions of this chapter are declared to be severable.
(b)  If any limit on damages prescribed by Section 21.2585 is invalidated by a method other than by legislative means, the amount of civil liability for all past and future noneconomic losses, including past and future pain and suffering, mental anguish and suffering, and any other nonpecuniary damage, is limited to an amount not to exceed $150,000.
(c)  If a limit on damages prescribed by Section 21.2585 is invalidated by a method other than by legislative means and if the alternative civil liability limits contained in Subsection (b) are also invalidated by a method other than by legislative means, Section 21.2585 is void.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.08(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter A. General Provisions › Section 21.009. Joinder of Commission

Sec. 21.009.  JOINDER OF COMMISSION.  (a)  In any civil action in which the validity of a provision of this chapter or Chapter 461, Government Code, a rule adopted under this chapter or Chapter 461, Government Code, or the application of the provision or rule is challenged as void, unconstitutional, or unenforceable, the commission shall be made a party to the proceedings, and, on the motion of the commission, venue of the cause may be transferred to the district courts of Travis County.
(b)  An order restraining the commission or invalidating a provision of this chapter or Chapter 461, Government Code, or a commission rule adopted under this chapter or Chapter 461, Government Code, may not be enforced and may not take effect until the commission has answered and appeared in the action and has exhausted all avenues of appeal and any judgment is final and enforceable.
(c)  Notwithstanding any other provision of state law, including this chapter, only the commission, if a prevailing party, may recover costs and attorney's fees in such a declaratory proceeding under this section.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.08(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter A. General Provisions › Section 21.010. Employment Discrimination Training for State Employees

Sec. 21.010.  EMPLOYMENT DISCRIMINATION TRAINING FOR STATE EMPLOYEES.  (a)  Each state agency shall provide to employees of the agency an employment discrimination training program that complies with this section.
(b)  The training program must provide the employee with information regarding the agency's policies and procedures relating to employment discrimination, including employment discrimination involving sexual harassment.
(c)  Each employee of a state agency shall attend the training program required by this section not later than the 30th day after the date the employee is hired by the agency and shall attend supplemental training every two years.
(d)  The commission shall develop materials for use by state agencies in providing employment discrimination training as required by this section.
(e)  Each state agency shall require an employee of the agency who attends a training program required by this section to sign a statement verifying the employee's attendance at the training program.  The agency shall file the statement in the employee's personnel file.
Added by Acts 1999, 76th Leg., ch. 872, Sec. 14, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.051. Discrimination by Employer

Sec. 21.051.  DISCRIMINATION BY EMPLOYER.  An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer:
(1)  fails or refuses to hire an individual, discharges an individual, or discriminates in any other manner against an individual in connection with compensation or the terms, conditions, or privileges of employment;  or
(2)  limits, segregates, or classifies an employee or applicant for employment in a manner that would deprive or tend to deprive an individual of any employment opportunity or adversely affect in any other manner the status of an employee.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.052. Discrimination by Employment Agency

Sec. 21.052.  DISCRIMINATION BY EMPLOYMENT AGENCY.  An employment agency commits an unlawful employment practice if the employment agency:
(1)  fails or refuses to refer for employment or discriminates in any other manner against an individual because of race, color, disability, religion, sex, national origin, or age;  or
(2)  classifies or refers an individual for employment on the basis of race, color, disability, religion, sex, national origin, or age.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.053. Discrimination by Labor Organization

Sec. 21.053.  DISCRIMINATION BY LABOR ORGANIZATION.  A labor organization commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the labor organization:
(1)  excludes or expels from membership or discriminates in any other manner against an individual;  or
(2)  limits, segregates, or classifies a member or an applicant for membership or classifies or fails or refuses to refer for employment an individual in a manner that would:
(A)  deprive or tend to deprive an individual of any employment opportunity;
(B)  limit an employment opportunity or adversely affect in any other manner the status of an employee or of an applicant for employment;  or
(C)  cause or attempt to cause an employer to violate this subchapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.054. Admission or Participation in Training Program

Sec. 21.054.  ADMISSION OR PARTICIPATION IN TRAINING PROGRAM.  (a)  Unless a training or retraining opportunity or program is provided under an affirmative action plan approved under a federal law, rule, or order, an employer, labor organization, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program commits an unlawful employment practice if the employer, labor organization, or committee discriminates against an individual because of race, color, disability, religion, sex, national origin, or age in admission to or participation in the program.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 257 (H.B. 1074), Sec. 2, eff. September 1, 2019.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 257 (H.B. 1074), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.055. Retaliation

Sec. 21.055.  RETALIATION.  An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency retaliates or discriminates against a person who, under this chapter:
(1)  opposes a discriminatory practice;
(2)  makes or files a charge;
(3)  files a complaint;  or
(4)  testifies, assists, or participates in any manner in an investigation, proceeding, or hearing.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.056. Aiding or Abetting Discrimination

Sec. 21.056.  AIDING OR ABETTING DISCRIMINATION.  An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency aids, abets, incites, or coerces a person to engage in a discriminatory practice.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.057. Interference With Commission

Sec. 21.057.  INTERFERENCE WITH COMMISSION.  An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully interferes with the performance of a duty or the exercise of a power under this chapter or Chapter 461, Government Code, by the commission, the commission's staff, or the commission's representative.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.058. Prevention of Compliance

Sec. 21.058.  PREVENTION OF COMPLIANCE.  An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully obstructs or prevents a person from complying with this chapter or a rule adopted or order issued under this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.059. Discriminatory Notice or Advertisement

Sec. 21.059.  DISCRIMINATORY NOTICE OR ADVERTISEMENT.  (a)  An employer, labor organization, employment agency, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program commits an unlawful employment practice if the employer, labor organization, employment agency, or committee prints or publishes or causes to be printed or published a notice or advertisement relating to employment that:
(1)  indicates a preference, limitation, specification, or discrimination based on race, color, disability, religion, sex, national origin, or age;  and
(2)  concerns an employee's status, employment, or admission to or membership or participation in a labor union or training or retraining program.
(b)  This section does not apply if disability, religion, sex, national origin, or age is a bona fide occupational qualification.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.0595. Discriminatory Leave Policy Affecting Employee's Entitlement to Personal Leave to Care for Sick Foster Child

Sec. 21.0595.  DISCRIMINATORY LEAVE POLICY AFFECTING EMPLOYEE'S ENTITLEMENT TO PERSONAL LEAVE TO CARE FOR SICK FOSTER CHILD.  An employer commits an unlawful employment practice if:
(1)  the employer administers a leave policy under which an employee is entitled to personal leave to care for or otherwise assist the employee's sick child; and
(2)  the leave policy described by Subdivision (1) does not treat in the same manner as an employee's biological or adopted minor child any foster child of the employee who:
(A)  resides in the same household as the employee; and
(B)  is under the conservatorship of the Department of Family and Protective Services.
Added by Acts 2017, 85th Leg., R.S., Ch. 113 (H.B. 88), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.060. Violation of Conciliation Agreement

Sec. 21.060.  VIOLATION OF CONCILIATION AGREEMENT.  A party to a conciliation agreement made under this chapter commits an unlawful employment practice if the party violates the terms of the conciliation agreement.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter B. Unlawful Employment Practices › Section 21.061. Insufficient Evidence of Unlawful Practice

Sec. 21.061.  INSUFFICIENT EVIDENCE OF UNLAWFUL PRACTICE.  In the absence of other evidence of an unlawful employment practice, evidence of the employment of one person in place of another is not sufficient to establish an unlawful employment practice.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.101. Age Discrimination Limited to Individuals of Certain Age

Sec. 21.101.  AGE DISCRIMINATION LIMITED TO INDIVIDUALS OF CERTAIN AGE.  The provisions of this chapter referring to discrimination because of age or on the basis of age apply only to discrimination against an individual 40 years of age or older.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 257 (H.B. 1074), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.102. Bona Fide Employee Benefit Plan; Production Measurement System

Sec. 21.102.  BONA FIDE EMPLOYEE BENEFIT PLAN;  PRODUCTION MEASUREMENT SYSTEM.  (a)  Except as provided by Subsections (b) and (c), an employer does not commit an unlawful employment practice by applying different standards of compensation or different terms, conditions, or privileges of employment under:
(1)  a bona fide seniority system, merit system, or an employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade this chapter;  or
(2)  a system that measures earnings by quantity or quality of production.
(b)  An employee benefit plan may not excuse a failure to hire on the basis of age.  A seniority system or employee benefit plan may not require or permit involuntary retirement on the basis of age except as permitted by Section 21.103.
(c)  This section does not apply to standards of compensation or terms, conditions, or privileges of employment that are discriminatory on the basis of race, color, disability, religion, sex, national origin, or age.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.103. Compulsory Retirement Permitted for Certain Employees

Sec. 21.103.  COMPULSORY RETIREMENT PERMITTED FOR CERTAIN EMPLOYEES.  This chapter does not prohibit the compulsory retirement of an employee who is:
(1)  at least 65 years of age;
(2)  employed in a bona fide executive or high policy-making position for the two years preceding retirement;  and
(3)  entitled to an immediate, nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan or a combination of plans of the employee's employer that equals, in the aggregate, at least $27,000.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.104. Age Requirement for Peace Officers or Fire Fighters

Sec. 21.104.  AGE REQUIREMENT FOR PEACE OFFICERS OR FIRE FIGHTERS.  An employer does not commit an unlawful employment practice by imposing a minimum or maximum age requirement for peace officers or fire fighters.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.105. Discrimination Based on Disability

Sec. 21.105.  DISCRIMINATION BASED ON DISABILITY.  A provision in this subchapter or Subchapter B  referring to discrimination because of disability or on the basis of disability applies only to discrimination because of or on the basis of a physical or mental condition that does not impair an individual's ability to reasonably perform a job.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.106. Sex Discrimination

Sec. 21.106.  SEX DISCRIMINATION.  (a)  A provision in this chapter referring to discrimination because of sex or on the basis of sex includes discrimination because of or on the basis of pregnancy, childbirth, or a related medical condition.
(b)  A woman affected by pregnancy, childbirth, or a related medical condition shall be treated for all purposes related to employment, including receipt of a benefit under a fringe benefit program, in the same manner as another individual not affected but similar in the individual's ability or inability to work.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.1065. Sexual Harassment Protections for Unpaid Interns

Sec. 21.1065.  SEXUAL HARASSMENT PROTECTIONS FOR UNPAID INTERNS.  (a) In this section, "sexual harassment" means an unwelcome sexual advance, a request for a sexual favor, or any other verbal or physical conduct of a sexual nature if:
(1)  submission to the advance, request, or conduct is made a term or condition of an individual's internship, either explicitly or implicitly;
(2)  submission to or rejection of the advance, request, or conduct by an individual is used as the basis for a decision affecting the individual's internship;
(3)  the advance, request, or conduct has the purpose or effect of unreasonably interfering with an individual's work performance at the individual's internship; or
(4)  the advance, request, or conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.
(b)  An employer commits an unlawful employment practice if sexual harassment of an unpaid intern occurs and the employer or the employer's agents or supervisors:
(1)  know or should have known that the conduct constituting sexual harassment was occurring; and
(2)  fail to take immediate and appropriate corrective action.
(c)  In this section, an individual is considered to be an unpaid intern of an employer if:
(1)  the individual's internship, even though it includes engagement in the employer's operations or the performance of productive work for the employer, is similar to training that would be given in an educational environment;
(2)  the individual's internship experience is for the individual's benefit;
(3)  the individual does not displace the employer's regular employees but works under close supervision of the employer's existing staff;
(4)  the employer does not derive any immediate advantage from the individual's internship activities and on occasion the employer's operations may be impeded by those activities;
(5)  the individual is not entitled to a job at the conclusion of the internship; and
(6)  the individual is not entitled to wages for the time spent in the internship.
Added by Acts 2015, 84th Leg., R.S., Ch. 1019 (H.B. 1151), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.107. Effect on Abortion Benefits

Sec. 21.107.  EFFECT ON ABORTION BENEFITS.  This chapter does not:
(1)  require an employer to pay for health insurance benefits for abortion unless the life of the mother would be endangered if the fetus were carried to term;
(2)  preclude an employer from providing abortion benefits;  or
(3)  affect a bargaining agreement relating to abortion.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.108. Discrimination Based on Religion

Sec. 21.108.  DISCRIMINATION BASED ON RELIGION.  A provision in this chapter referring to discrimination because of religion or on the basis of religion applies to discrimination because of or on the basis of any aspect of religious observance, practice, or belief, unless an employer demonstrates that the employer is unable reasonably to accommodate the religious observance or practice of an employee or applicant without undue hardship to the conduct of the employer's business.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.109. Employment by Religious Organization

Sec. 21.109.  EMPLOYMENT BY RELIGIOUS ORGANIZATION.  (a)  A religious corporation, association, society, or educational institution or an educational organization operated, supervised, or controlled in whole or in substantial part by a religious corporation, association, or society does not commit an unlawful employment practice by limiting employment or giving a preference to members of the same religion.
(b)  Subchapter B  does not apply to the employment of an individual of a particular religion by a religious corporation, association, or society to perform work connected with the performance of religious activities by the corporation, association, or society.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.1095. Racial Discrimination Based on Hair Texture or Protective Hairstyle

Sec. 21.1095.  RACIAL DISCRIMINATION BASED ON HAIR TEXTURE OR PROTECTIVE HAIRSTYLE.  (a)  In this section, "protective hairstyle" includes braids, locks, and twists.
(b)  A provision in this chapter referring to discrimination because of race or on the basis of race includes discrimination because of or on the basis of an employee's hair texture or protective hairstyle commonly or historically associated with race.
(c)  An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency adopts or enforces a dress or grooming policy that discriminates against a hair texture or protective hairstyle commonly or historically associated with race.
Added by Acts 2023, 88th Leg., R.S., Ch. 223 (H.B. 567), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.110. Discrimination Based on National Origin

Sec. 21.110.  DISCRIMINATION BASED ON NATIONAL ORIGIN.  A provision in this chapter referring to discrimination because of national origin or on the basis of national origin includes discrimination because of or on the basis of the national origin of an ancestor.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.111. Person Employed Out of State

Sec. 21.111.  PERSON EMPLOYED OUT OF STATE.  This chapter does not apply to an employer with respect to the employment of a person outside this state.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.112. Employees at Different Locations

Sec. 21.112.  EMPLOYEES AT DIFFERENT LOCATIONS.  An employer does not commit an unlawful employment practice by applying to employees who work in different locations different standards of compensation or different terms, conditions, or privileges of employment that are not discriminatory on the basis of race, color, disability, religion, sex, national origin, or age.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.113. Imbalance Plan Not Required

Sec. 21.113.  IMBALANCE PLAN NOT REQUIRED.  This chapter does not require a person subject to this chapter to grant preferential treatment to an individual or a group on the basis of race, color, disability, religion, sex, national origin, or age because of an imbalance between:
(1)  the total number or percentage of persons of that individual's or group's race, color, disability, religion, sex, national origin, or age:
(A)  employed by an employer;
(B)  referred or classified for employment by an employment agency or labor organization;
(C)  admitted to membership or classified by a labor organization;  or
(D)  admitted to or employed in an apprenticeship, on-the-job training, or other training or retraining program;  and
(2)  the total number or percentage of persons of that race, color, disability, religion, sex, national origin, or age in:
(A)  a community, this state, a region, or other area;  or
(B)  the available work force in a community, this state, a region, or other area.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.114. Plan to End Discriminatory School Practices

Sec. 21.114.  PLAN TO END DISCRIMINATORY SCHOOL PRACTICES.  A public school official does not commit an unlawful employment practice by adopting or implementing a plan reasonably designed to end discriminatory school practices.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.115. Business Necessity

Sec. 21.115.  BUSINESS NECESSITY.  (a)  Subject to Subsection (b), an employer does not commit an unlawful employment practice by engaging in a practice that has a discriminatory effect and that would otherwise be prohibited by this chapter if the employer establishes that the practice:
(1)  is not intentionally devised or operated to contravene the prohibitions of this chapter; and
(2)  is justified by business necessity.
(b)  An employer may not use a qualification standard, employment test, or other selection criterion based on an individual's uncorrected vision unless the standard, test, or criterion is consistent with business necessity and job-related for the position to which the standard, test, or criterion applies.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.116. Reliance on Commission Interpretation or Opinion

Sec. 21.116.  RELIANCE ON COMMISSION INTERPRETATION OR OPINION.  (a)  A person is not liable for an unlawful employment practice performed in good faith and in conformity with and in reliance on a written interpretation or opinion of the commission.
(b)  In a proceeding alleging an unlawful employment practice, the respondent has the burden of pleading and proving the defense provided by this section.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.117. Employment of Family Member

Sec. 21.117.  EMPLOYMENT OF FAMILY MEMBER.  Subchapter B  does not apply to the employment of an individual by the individual's parent, spouse, or child.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.118. Statewide Hometown Plan

Sec. 21.118.  STATEWIDE HOMETOWN PLAN.  Subchapter B  does not apply to a labor union, firm, association, or individual participating on September 23, 1983, in a statewide hometown plan approved by the United States Department of Labor.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.119. Bona Fide Occupational Qualification

Sec. 21.119.  BONA FIDE OCCUPATIONAL QUALIFICATION.  If disability, religion, sex, national origin, or age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or enterprise, performing any of the following practices on the basis of disability, religion, sex, national origin, or age of an employee, member, or other individual is not an unlawful employment practice:
(1)  an employer hiring and employing an employee;
(2)  an employment agency classifying or referring an individual for employment;
(3)  a labor organization classifying its members or classifying or referring an individual for employment;  or
(4)  an employer, labor organization, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program admitting or employing an individual in its program.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.120. Use or Possession of Controlled Substance

Sec. 21.120.  USE OR POSSESSION OF CONTROLLED SUBSTANCE.  (a)  An employer does not commit an unlawful employment practice by adopting a policy prohibiting the employment of an individual who currently uses or possesses a controlled substance as defined in Schedules I and II of Section 202, Controlled Substances Act, and their subsequent amendments (21 U.S.C. Section 801 et seq.), other than the use or possession of a drug taken under the supervision of a licensed health care professional or any other use or possession authorized by the Controlled Substances Act or any other federal or state law.
(b)  Subsection (a) does not apply to a policy adopted or applied with the intent to discriminate because of race, color, sex, national origin, religion, age, or disability.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.04(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.121. Work Force Diversity Programs

Sec. 21.121.  WORK FORCE DIVERSITY PROGRAMS.  An employer does not commit an unlawful employment practice by developing and implementing personnel policies that incorporate work force diversity programs.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.04(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.122. Burden of Proof in Disparate Impact Cases

Sec. 21.122.  BURDEN OF PROOF IN DISPARATE IMPACT CASES.  (a)  An unlawful employment practice based on disparate impact is established under this chapter only if:
(1)  a complainant demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, sex, national origin, religion, or disability and the respondent fails to demonstrate that the challenged practice is job-related for the position in question and consistent with business necessity;  or
(2)  the complainant makes the demonstration in accordance with federal law as that law existed June 4, 1989, with respect to the concept of alternative employment practices, and the respondent refuses to adopt such an alternative employment practice.
(b)  To determine the availability of and burden of proof applicable to a disparate impact case involving age discrimination, the court shall apply the judicial interpretation of the Age Discrimination in Employment Act of 1967 and its subsequent amendments (29 U.S.C. Section 621 et seq.).
(c)  To demonstrate that a particular employment practice causes a disparate impact, the complainant must demonstrate that each particular challenged employment practice causes a disparate impact, except that if the complainant demonstrates to the satisfaction of the court that the elements of a respondent's decision-making process are not capable of separation for analysis, that decision-making process may be analyzed as one employment practice.
(d)  If the respondent demonstrates that a specific practice does not cause a disparate impact, the respondent may not be required to demonstrate that the practice is consistent with business necessity.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.123. Scope of Defense

Sec. 21.123.  SCOPE OF DEFENSE.  A demonstration that an employment practice is consistent with business necessity may not be used as a defense under this chapter against a complaint of intentional discrimination.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.124. Prohibition Against Discriminatory Use of Test Scores

Sec. 21.124.  PROHIBITION AGAINST DISCRIMINATORY USE OF TEST SCORES.  It is an unlawful employment practice for a respondent, in connection with the selection or referral of applicants for employment or promotion, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of employment-related tests on the basis of race, color, sex, national origin, religion, age, or disability.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.125. Clarifying Prohibition Against Impermissible Consideration of Race, Color, Sex, National Origin, Religion, Age, or Disability in Employment Practices

Sec. 21.125.  CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE, OR DISABILITY IN EMPLOYMENT PRACTICES.  (a)  Except as otherwise provided by this chapter, an unlawful employment practice is established when the complainant demonstrates that race, color, sex, national origin, religion, age, or disability was a motivating factor for an employment practice, even if other factors also motivated the practice, unless race, color, sex, national origin, religion, age, or disability is combined with objective job-related factors to attain diversity in the employer's work force.
(b)  In a complaint in which a complainant proves a violation under Subsection (a) and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court may grant declaratory relief, injunctive relief except as otherwise provided by this subsection, and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a complaint under Subsection (a), but may not award damages or issue an order requiring an admission, reinstatement, hiring, promotion, or back pay.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1126, Sec. 1, eff. Sept. 1, 1997.