reglab/statecodes huggingface dataset:
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. Application; Exceptions › Section 21.126. Coverage of Previously Exempt Employees of the State or Political Subdivision of the State

Sec. 21.126.  COVERAGE OF PREVIOUSLY EXEMPT EMPLOYEES OF THE STATE OR POLITICAL SUBDIVISION OF THE STATE.  It is an unlawful employment practice for a person elected to public office in this state or a political subdivision of this state to discriminate because of race, color, sex, national origin, religion, age, or disability against an individual who is an employee or applicant for employment to:
(1)  serve on the elected official's personal staff;
(2)  serve the elected official on a policy-making level;  or
(3)  serve the elected official as an immediate advisor with respect to the exercise of the constitutional or legal powers of the office.
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 21.127. Expansion of Rights to Challenge Discriminatory Seniority Systems

Sec. 21.127.  EXPANSION OF RIGHTS TO CHALLENGE DISCRIMINATORY SENIORITY SYSTEMS.  With respect to a seniority system adopted for an intentionally discriminatory purpose in violation of this chapter, whether that discriminatory purpose is apparent on the face of the seniority provision, an unlawful employment practice occurs when:
(1)  the seniority system is adopted;
(2)  an individual becomes subject to the system;  or
(3)  an individual is injured by the application of the system or a provision of the system.
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 21.128. Reasonable Accommodation; Good Faith Effort

Sec. 21.128.  REASONABLE ACCOMMODATION;  GOOD FAITH EFFORT.  (a)  It is an unlawful employment practice for a respondent covered under this chapter to fail or refuse to make a reasonable workplace accommodation to a known physical or mental limitation of an otherwise qualified individual with a disability who is an employee or applicant for employment, unless the respondent demonstrates that the accommodation would impose an undue hardship on the operation of the business of the respondent.
(b)  A showing of undue hardship by the respondent is a defense to a complaint of discrimination made by an otherwise qualified individual with a disability.  In considering a complaint based on a disability, the commission shall consider the reasonableness of the cost of any necessary workplace accommodation and the availability of alternatives or other appropriate relief.
(c)  In a complaint in which a discriminatory employment practice involves the provision of a reasonable workplace accommodation under this chapter, damages may not be awarded under Subchapter F  if the respondent demonstrates good faith efforts, in consultation with the otherwise qualified individual with a disability who has informed the respondent that accommodation is needed, to identify and make a reasonable workplace accommodation that would provide the individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business.
(d)  A respondent is not obligated to make a reasonable workplace accommodation to a known physical or mental limitation of an otherwise qualified individual under Subsection (a) if the individual's disability is based solely on being regarded as having an impairment that substantially limits at least one major life activity.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.05(a), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 337 (H.B. 978), Sec. 5, 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 21.129. Court-Ordered Remedies, Affirmative Action Agreements, and Conciliation Agreements Not Affected

Sec. 21.129.  COURT-ORDERED REMEDIES, AFFIRMATIVE ACTION AGREEMENTS, AND CONCILIATION AGREEMENTS NOT AFFECTED.  This chapter does not affect a court-ordered remedy, affirmative action agreement, or conciliation agreement made in accordance with law.
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. -1. Sexual Harassment › Section 21.141. Definitions

Sec. 21.141.  DEFINITIONS.  In this subchapter:
(1)  "Employer" means a person who:
(A)  employs one or more employees; or
(B)  acts directly in the interests of an employer in relation to an employee.
(2)  "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:
(A)  submission to the advance, request, or conduct is made a term or condition of an individual's employment, either explicitly or implicitly;
(B)  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 employment;
(C)  the advance, request, or conduct has the purpose or effect of unreasonably interfering with an individual's work performance; or
(D)  the advance, request, or conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.
Added by Acts 2021, 87th Leg., R.S., Ch. 172 (S.B. 45), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter C. -1. Sexual Harassment › Section 21.142. Unlawful Employment Practice

Sec. 21.142.  UNLAWFUL EMPLOYMENT PRACTICE.  An employer commits an unlawful employment practice if sexual harassment of an employee 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.
Added by Acts 2021, 87th Leg., R.S., Ch. 172 (S.B. 45), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter D. Local Enforcement › Section 21.151. Enforcement by Ordinance

Sec. 21.151.  ENFORCEMENT BY ORDINANCE.  A political subdivision may adopt and enforce an order or ordinance that prohibits a practice that is unlawful under this chapter, another state law, or federal law.
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 D. Local Enforcement › Section 21.152. Creation of Local Commission

Sec. 21.152.  CREATION OF LOCAL COMMISSION.  (a)  A political subdivision or two or more political subdivisions acting jointly may create a local commission to:
(1)  promote the purposes of this chapter;  and
(2)  secure for all individuals in the jurisdiction of each political subdivision freedom from discrimination because of race, color, disability, religion, sex, national origin, or age.
(b)  The political subdivision creating a local commission may appropriate funds for the expenses of the local commission.
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 D. Local Enforcement › Section 21.153. General Powers and Duties of Local Commission

Sec. 21.153.  GENERAL POWERS AND DUTIES OF LOCAL COMMISSION.  (a)  A local commission may:
(1)  employ an executive director and other employees and agents and set their compensation;
(2)  cooperate or contract with a person, including an agency of the federal government or of another state or municipality;  and
(3)  accept a public grant or private gift, bequest, or other payment.
(b)  A local commission shall prepare at least annually a report and furnish a copy of the report to the Commission on Human Rights.
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 D. Local Enforcement › Section 21.154. Investigatory and Conciliatory Powers of Local Commission

Sec. 21.154.  INVESTIGATORY AND CONCILIATORY POWERS OF LOCAL COMMISSION.  (a)  If the federal government or the Commission on Human Rights refers a complaint alleging a violation of this chapter to a local commission or defers jurisdiction over the subject matter of the complaint to a local commission, the local commission may receive, investigate, conciliate, or rule on the complaint and may file a civil action to carry out the purposes of this chapter.
(b)  The local commission may request, and as necessary, compel by subpoena:
(1)  the attendance of a witness for examination under oath;  or
(2)  the production for inspection or copying of a record, document, or other evidence relevant to the investigation of an alleged violation of 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 D. Local Enforcement › Section 21.155. Referral to Local Commission and Action on Complaints

Sec. 21.155.  REFERRAL TO LOCAL COMMISSION AND ACTION ON COMPLAINTS.  (a)  The Commission on Human Rights shall refer a complaint concerning discrimination in employment because of race, color, disability, religion, sex, national origin, or age that is filed with that commission to a local commission with the necessary investigatory and conciliatory powers if:
(1)  the complaint has been referred to the Commission on Human Rights by the federal government;  or
(2)  jurisdiction over the subject matter of the complaint has been deferred to the Commission on Human Rights by the federal government.
(b)  The local commission shall take appropriate action to remedy the practice alleged as discriminatory in the referred complaint.
(c)  If the local commission does not act on the complaint within 60 days or a longer time that is reasonable, the Commission on Human Rights shall reassume responsibility for the complaint and take appropriate action on the complaint.
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 D. Local Enforcement › Section 21.156. Referral by Local Commission to State Commission

Sec. 21.156.  REFERRAL BY LOCAL COMMISSION TO STATE COMMISSION.  A local commission may refer a matter under its jurisdiction to the Commission on Human Rights.
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 E. Administrative Review › Section 21.201. Filing of Complaint; Form and Content; Service

Sec. 21.201.  FILING OF COMPLAINT;  FORM AND CONTENT;  SERVICE.  (a)  A person claiming to be aggrieved by an unlawful employment practice or the person's agent may file a complaint with the commission.
(b)  The complaint must be in writing and made under oath.
(c)  The complaint must state:
(1)  that an unlawful employment practice has been committed;
(2)  the facts on which the complaint is based, including the date, place, and circumstances of the alleged unlawful employment practice;  and
(3)  facts sufficient to enable the commission to identify the respondent.
(d)  The executive director or the executive director's designee shall serve the respondent with a copy of the perfected complaint not later than the 10th day after the date the complaint is filed.
(e)  A complaint may be amended to cure technical defects or omissions, including a failure to verify the complaint or to clarify and amplify an allegation made in the complaint.
(f)  An amendment to a complaint alleging additional facts that constitute unlawful employment practices relating to or arising from the subject matter of the original complaint relates back to the date the complaint was first received by the commission.
(g)  If a perfected complaint is not received by the commission within 180 days of the alleged unlawful employment practice or, for a complaint alleging sexual harassment, within 300 days of the alleged sexual harassment, the commission shall notify the respondent that a complaint has been filed and that the process of perfecting the complaint is in progress.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.06(a), eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 443 (H.B. 21), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter E. Administrative Review › Section 21.202. Statute of Limitations

Sec. 21.202.  STATUTE OF LIMITATIONS.  (a)  Except as provided by Subsection (a-1), a complaint under this subchapter must be filed not later than the 180th day after the date the alleged unlawful employment practice occurred.
(a-1)  A complaint under this subchapter alleging sexual harassment must be filed not later than the 300th day after the date the alleged sexual harassment occurred.
(b)  The commission shall dismiss an untimely complaint.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 443 (H.B. 21), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter E. Administrative Review › Section 21.203. Alternative Dispute Resolution; Office

Sec. 21.203.  ALTERNATIVE DISPUTE RESOLUTION;  OFFICE.  (a)  The use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter.  The settlement of a disputed claim under this chapter that results from the use of traditional or alternative means of dispute resolution is binding on the parties to the claim.
(b)  The commission shall establish an office of alternative dispute resolution.  At any time after a complaint is received under Section 21.201, at the request of a party or at the direction of the commission the matter may be referred to the office of alternative dispute resolution.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.06(b), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter E. Administrative Review › Section 21.204. Investigation by Commission

Sec. 21.204.  INVESTIGATION BY COMMISSION.  (a)  The executive director or a staff member of the commission designated by the executive director shall investigate a complaint and determine if there is reasonable cause to believe that the respondent engaged in an unlawful employment practice as alleged in the complaint.
(b)  If the federal government has referred the complaint to the commission or has deferred jurisdiction over the subject matter of the complaint to the commission, the executive director or the executive director's designee shall promptly investigate the allegations stated in the complaint.
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 E. Administrative Review › Section 21.205. Lack of Reasonable Cause; Dismissal of Complaint

Sec. 21.205.  LACK OF REASONABLE CAUSE;  DISMISSAL OF COMPLAINT.  (a)  If after investigation the executive director or the executive director's designee determines that reasonable cause does not exist to believe that the respondent engaged in an unlawful employment practice as alleged in a complaint, the executive director or the executive director's designee shall issue a written determination, incorporating the finding that the evidence does not support the complaint and dismissing the complaint.
(b)  The executive director or the executive director's designee shall serve a copy of the determination on the complainant, the respondent, and other agencies as required by law.
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 E. Administrative Review › Section 21.206. Determination of Reasonable Cause; Review by Commission

Sec. 21.206.  DETERMINATION OF REASONABLE CAUSE; REVIEW BY COMMISSION.  (a)  If after investigation the executive director or the executive director's designee determines that there is reasonable cause to believe that the respondent engaged in an unlawful employment practice as alleged in a complaint, the executive director or the executive director's designee shall review with the commission members the evidence in the record.
(b)  If after the review at least two of the three commission members determine that there is reasonable cause to believe that the respondent engaged in an unlawful employment practice, the executive director shall:
(1)  issue a written determination incorporating the executive director's finding that the evidence supports the complaint; and
(2)  serve a copy of the determination on the complainant, the respondent, and other agencies as required by law.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1138 (S.B. 208), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter E. Administrative Review › Section 21.207. Resolution by Informal Methods

Sec. 21.207.  RESOLUTION BY INFORMAL METHODS.  (a)  If a determination of reasonable cause is made under Section 21.206, the commission shall endeavor to eliminate the alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion.
(b)  Without the written consent of the complainant and respondent, the commission, its executive director, or its other officers or employees may not disclose to the public information about the efforts in a particular case to resolve an alleged discriminatory practice by conference, conciliation, or persuasion, regardless of whether there is a determination of reasonable cause.
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 E. Administrative Review › Section 21.208. Notice of Dismissal or Unresolved Complaint

Sec. 21.208.  NOTICE OF DISMISSAL OR UNRESOLVED COMPLAINT.  If the commission dismisses a complaint filed under Section 21.201 or does not resolve the complaint before the 181st day after the date the complaint was filed, the commission shall inform the complainant of the dismissal or failure to resolve the complaint in writing by certified mail.
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 E. Administrative Review › Section 21.210. Temporary Injunctive Relief

Sec. 21.210.  TEMPORARY INJUNCTIVE RELIEF.  (a)  If the commission concludes from a preliminary investigation of an unlawful employment practice alleged in a complaint that prompt judicial action is necessary to carry out the purpose of this chapter, the commission shall file a petition seeking appropriate temporary relief against the respondent pending final determination of a proceeding under this chapter.
(b)  The petition shall be filed in a district court in a county in which:
(1)  the alleged unlawful employment practice that is the subject of the complaint occurred;  or
(2)  the respondent resides.
(c)  A court may not issue temporary injunctive relief unless the commission shows:
(1)  a substantial likelihood of success on the merits;  and
(2)  irreparable harm to the complainant in the absence of the preliminary relief pending final determination on the merits.
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 E. Administrative Review › Section 21.211. Election of Remedies

Sec. 21.211.  ELECTION OF REMEDIES.  A person who has initiated an action in a court of competent jurisdiction or who has an action pending before an administrative agency under other law or an order or ordinance of a political subdivision of this state based on an act that would be an unlawful employment practice under this chapter may not file a complaint under this subchapter for the same grievance.
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 F. Judicial Enforcement › Section 21.251. Civil Action by Commission

Sec. 21.251.  CIVIL ACTION BY COMMISSION.  (a)  The commission may bring a civil action against a respondent if:
(1)  the commission determines that there is reasonable cause to believe that the respondent engaged in an unlawful employment practice;
(2)  the commission's efforts to resolve the discriminatory practice to the satisfaction of the complainant and respondent through conciliation have been unsuccessful;  and
(3)  a majority of the commissioners determines that the civil action may achieve the purposes of this chapter.
(b)  The complainant may intervene in a civil action brought by the commission.
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 F. Judicial Enforcement › Section 21.252. Notice of Complainant's Right to File Civil Action

Sec. 21.252.  NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL ACTION.  (a)  A complainant who receives notice under Section 21.208 that the complaint is not dismissed or resolved is entitled to request from the commission a written notice of the complainant's right to file a civil action.
(b)  The complainant must request the notice in writing.
(c)  The executive director may issue the notice.
(d)  Failure to issue the notice of a complainant's right to file a civil action does not affect the complainant's right under this subchapter to bring a civil action against the respondent.
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 F. Judicial Enforcement › Section 21.253. Expedited Notice of Complainant's Right to File Civil Action

Sec. 21.253.  EXPEDITED NOTICE OF COMPLAINANT'S RIGHT TO FILE CIVIL ACTION.  (a)  On receipt of a written request by a complainant, the commission shall issue before the 181st day after the date the complaint was filed a notice of the right to file a civil action if:
(1)  the complainant alleges an unlawful employment practice based on the complainant's status as an individual with a life-threatening illness, as confirmed in writing by a physician licensed to practice medicine in this state;  or
(2)  the executive director certifies that administrative processing of the complaint cannot be completed before the 181st day after the date the complaint was filed.
(b)  The commission shall issue the expedited notice by certified mail not later than the fifth business day after the date the commission receives the written request.
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 F. Judicial Enforcement › Section 21.254. Civil Action by Complainant

Sec. 21.254.  CIVIL ACTION BY COMPLAINANT.  Within 60 days after the date a notice of the right to file a civil action is received, the complainant may bring a civil action against the respondent.
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 F. Judicial Enforcement › Section 21.255. Commission's Intervention in Civil Action by Complainant

Sec. 21.255.  COMMISSION'S INTERVENTION IN CIVIL ACTION BY COMPLAINANT.  After receipt of a timely application, a court may permit the commission to intervene in a civil action filed under Section 21.254 if:
(1)  the commission certifies that the case is of general public importance;  and
(2)  before commencement of the action the commission issued a determination of reasonable cause to believe that this chapter was violated.
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 F. Judicial Enforcement › Section 21.256. Statute of Limitations

Sec. 21.256.  STATUTE OF LIMITATIONS.  A civil action may not be brought under this subchapter later than the second anniversary of the date the complaint relating to the action is filed.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.07(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter F. Judicial Enforcement › Section 21.257. Assignment to Early Hearing

Sec. 21.257.  ASSIGNMENT TO EARLY HEARING.  The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action.
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 F. Judicial Enforcement › Section 21.258. Injunction; Equitable Relief

Sec. 21.258.  INJUNCTION;  EQUITABLE RELIEF.  (a)  On finding that a respondent engaged in an unlawful employment practice as alleged in a complaint, a court may:
(1)  prohibit by injunction the respondent from engaging in an unlawful employment practice;  and
(2)  order additional equitable relief as may be appropriate.
(b)  Additional equitable relief may include:
(1)  hiring or reinstating with or without back pay;
(2)  upgrading an employee with or without pay;
(3)  admitting to or restoring union membership;
(4)  admitting to or participating in a guidance program, apprenticeship, or on-the-job training or other training or retraining program, using objective job-related criteria in admitting an individual to a program;
(5)  reporting on the manner of compliance with the terms of a final order issued under this chapter;  and
(6)  paying court costs.
(c)  Liability under a back pay award may not accrue for a date more than two years before the date a complaint is filed with the commission.  Interim earnings, workers' compensation benefits, and unemployment compensation benefits received operate to reduce the back pay otherwise allowable.
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 F. Judicial Enforcement › Section 21.2585. Compensatory and Punitive Damages

Sec. 21.2585.  COMPENSATORY AND PUNITIVE DAMAGES.  (a)  On finding that a respondent engaged in an unlawful intentional employment practice as alleged in a complaint, a court may, as provided by this section, award:
(1)  compensatory damages;  and
(2)  punitive damages.
(b)  A complainant may recover punitive damages against a respondent, other than a respondent that is a governmental entity, if the complainant demonstrates that the respondent engaged in a discriminatory practice with malice or with reckless indifference to the state-protected rights of an aggrieved individual.
(c)  Compensatory damages awarded under this section may not include:
(1)  back pay;
(2)  interest on back pay;  or
(3)  other relief authorized under Section 21.258(b).
(d)  The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages awarded under this section may not exceed, for each complainant:
(1)  $50,000 in the case of a respondent that has fewer than 101 employees;
(2)  $100,000 in the case of a respondent that has more than 100 and fewer than 201 employees;
(3)  $200,000 in the case of a respondent that has more than 200 and fewer than 501 employees;  and
(4)  $300,000 in the case of a respondent that has more than 500 employees.
(e)  For the purposes of Subsection (d), in determining the number of employees of a respondent, the requisite number of employees must be employed by the respondent for each of 20 or more calendar weeks in the current or preceding calendar year.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.07(b), eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 872, Sec. 13, eff. Sept. 1, 1999.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter F. Judicial Enforcement › Section 21.259. Attorney's Fees; Costs

Sec. 21.259.  ATTORNEY'S FEES;  COSTS.  (a)  In a proceeding under this chapter, a court may allow the prevailing party, other than the commission, a reasonable attorney's fee as part of the costs.
(b)  The state, a state agency, or a political subdivision is liable for costs, including attorney's fees, to the same extent as a private person.
(c)  In awarding costs and attorney's fees in an action or a proceeding under this chapter, the court, in its discretion, may include reasonable expert fees.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 9.07(c), eff. Sept. 1, 1995.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter F. Judicial Enforcement › Section 21.260. Relief for Disabled Employee or Applicant

Sec. 21.260.  RELIEF FOR DISABLED EMPLOYEE OR APPLICANT.  If the affected employee or applicant for employment has a disability, a court shall consider the undue hardship defense, including the reasonableness of the cost of necessary workplace accommodation and the availability of alternatives or other appropriate relief.
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 F. Judicial Enforcement › Section 21.261. Compelled Compliance

Sec. 21.261.  COMPELLED COMPLIANCE.  If an employer, employment agency, or labor organization fails to comply with a court order issued under this subchapter, a party to the action or the commission, on the written request of a person aggrieved by the failure, may commence proceedings to compel compliance with the order.
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 F. Judicial Enforcement › Section 21.262. Trial De Novo

Sec. 21.262.  TRIAL DE NOVO.  (a)  A judicial proceeding under this chapter is by trial de novo.
(b)  A commission finding, recommendation, determination, or other action is not binding on a court.
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 G. Records › Section 21.301. Recordkeeping; Reports

Sec. 21.301.  RECORDKEEPING;  REPORTS.  A person under investigation in connection with a charge filed under this chapter and who is subject to this chapter shall:
(1)  make and keep records relevant to the determination of whether unlawful employment practices have been or are being committed;
(2)  preserve the records for the period required by commission rule or court order;  and
(3)  make reports from the records as prescribed by commission rule or court order as reasonable, necessary, or appropriate for the enforcement of this chapter or a rule 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 G. Records › Section 21.302. Records; Training Program

Sec. 21.302.  RECORDS;  TRAINING PROGRAM.  The commission by rule shall require that a person subject to this chapter who controls an apprenticeship, on-the-job training, or other training or retraining program:
(1)  keep all records reasonably necessary to carry out the purposes of this chapter, including a list of applicants for participation in the program and a record of the chronological order in which applications for the program were received;  and
(2)  furnish to the commission on request a detailed description of the manner in which individuals are selected to participate in the 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 G. Records › Section 21.303. Conformity to Federal Law

Sec. 21.303.  CONFORMITY TO FEDERAL LAW.  A report or record required by the commission under this subchapter must conform to a similar record or report required under 42 U.S.C. Section 2000e-8(c).
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 G. Records › Section 21.304. Confidentiality of Records

Sec. 21.304.  CONFIDENTIALITY OF RECORDS.  An officer or employee of the commission may not disclose to the public information obtained by the commission under Section 21.204 except in compliance with Section 21.305 and as necessary to the conduct of a proceeding under this chapter.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1012 (H.B. 2463), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter G. Records › Section 21.305. Access to Commission Records

Sec. 21.305.  ACCESS TO COMMISSION RECORDS.  (a)  Except as provided by Subsection (c), the commission shall adopt rules allowing a party to a complaint filed under Section 21.201 reasonable access to commission records relating to the complaint.
(b)  Except as provided by Subsection (c), unless the complaint is resolved through a voluntary settlement or conciliation, on the written request of a party the executive director shall allow the party access to the commission records:
(1)  after the final action of the commission; or
(2)  if a civil action relating to the complaint is filed in federal court alleging a violation of federal law.
(c)  Notwithstanding Section 552.023, Government Code, the following information is not considered public information for the purposes of Chapter 552, Government Code, and may not be disclosed to a party to a complaint filed under Section 21.201:
(1)  identifying information of persons other than the parties and witnesses to the complaint;
(2)  identifying information about confidential  witnesses, including any confidential statement given by the witness;
(3)  sensitive medical information about the charging party or a witness to the complaint that is:
(A)  provided by a person other than the person requesting the information; and
(B)  not relevant to issues raised in the complaint, including information that identifies injuries, impairments, pregnancies, disabilities, or other medical conditions that are not obviously apparent or visible;
(4)  identifying information about a person other than the charging party that is found in sensitive medical information regardless of whether the information is relevant to the complaint;
(5)  nonsensitive medical information that is relevant to the complaint if the disclosure would result in an invasion of personal privacy, unless the information is generally known or has been previously reported to the public;
(6)  identifying information about other respondents or employers not a party to the complaint;
(7)  information relating to settlement offers or conciliation agreements received from one party that was not conveyed to the other and information contained in a separate alternative dispute resolution file prepared for mediation purposes; and
(8)  identifying information about a person on whose behalf a complaint was filed if the person has requested that the person's identity as a complaining party remain confidential.
(d)  In this section, "identifying information" has the meaning assigned by Section 32.51, Penal Code.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1012 (H.B. 2463), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter G. Records › Section 21.306. Subpoena of Record or Report

Sec. 21.306.  SUBPOENA OF RECORD OR REPORT.  (a)  If a person fails to permit access, examination, photographing, or copying or fails to make, keep, or preserve a record or make a report in accordance with this subchapter, the commission may issue a subpoena requiring compliance.
(b)  On a failure to comply with a subpoena of the commission, the commission shall apply for an order directing compliance to the district court of the county in which the person is found, resides, or transacts 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 H. Discriminatory Use of Genetic Information › Section 21.401. Definitions

Sec. 21.401.  DEFINITIONS.  In this subchapter:
(1)  "DNA" means deoxyribonucleic acid.
(2)  "Family health history" means a history taken by a physician or genetic professional to ascertain genetic or medical information about an individual's family.
(3)  "Genetic characteristic" means a scientifically or medically identifiable genetic or chromosomal variation, composition, or alteration that:
(A)  is scientifically or medically believed to:
(i)  predispose an individual to a disease, disorder, or syndrome;  or
(ii)  be associated with a statistically significant increased risk of developing a disease, disorder, or syndrome;  and
(B)  may or may not be associated with any symptom of an ongoing disease, disorder, or syndrome affecting an individual on the date the genetic information is obtained regarding the individual.
(4)  "Genetic information" means information that is:
(A)  obtained from or based on a scientific or medical determination of the presence or absence in an individual of a genetic characteristic;  or
(B)  derived from the results of a genetic test performed on, or a family health history obtained from, an individual.
(5)  "Genetic test" means a presymptomatic laboratory test of an individual's genes, gene products, or chromosomes that:
(A)  analyzes the individual's DNA, RNA, proteins, or chromosomes;  and
(B)  is performed to identify any genetic variation, composition, or alteration that is associated with the individual's having a statistically increased risk of:
(i)  developing a clinically recognized disease, disorder, or syndrome;  or
(ii)  being a carrier of a clinically recognized disease, disorder, or syndrome.
The term does not include a blood test, cholesterol test, urine test, or other physical test used for a purpose other than determining a genetic or chromosomal variation, composition, or alteration in a specific individual.
(6)  "RNA" means ribonucleic acid.
Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter H. Discriminatory Use of Genetic Information › Section 21.402. Discriminatory Use of Genetic Information Prohibited

Sec. 21.402.  DISCRIMINATORY USE OF GENETIC INFORMATION PROHIBITED.  (a)  An employer commits an unlawful employment practice if the employer fails or refuses to hire, discharges, or otherwise discriminates against an individual with respect to compensation or the terms, conditions, or privileges of employment:
(1)  on the basis of genetic information concerning the individual;  or
(2)  because of the refusal of the individual to submit to a genetic test.
(b)  A labor organization commits an unlawful employment practice if the labor organization excludes or expels from membership or otherwise discriminates against an individual:
(1)  on the basis of genetic information concerning the individual;  or
(2)  because of the refusal of the individual to submit to a genetic test.
(c)  An employment agency commits an unlawful employment practice if the employment agency classifies or refers for employment, fails or refuses to refer for employment, or otherwise discriminates against an individual:
(1)  on the basis of genetic information concerning the individual;  or
(2)  because of the refusal of the individual to submit to a genetic test.
(d)  An employer, labor organization, or employment agency commits an unlawful employment practice if the employer, labor organization, or employment agency limits, segregates, or classifies an employee, member, or applicant for employment or membership in a way that would deprive or tend to deprive the employee, member, or applicant of employment opportunities or otherwise adversely affect the status of the employee, member, or applicant:
(1)  on the basis of genetic information concerning the employee, member, or applicant;  or
(2)  because of the refusal of the employee, member, or applicant to submit to a genetic test.
Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter H. Discriminatory Use of Genetic Information › Section 21.403. Confidentiality of Genetic Information

Sec. 21.403.  CONFIDENTIALITY OF GENETIC INFORMATION.  (a)  Except as provided by Section 21.4031, genetic information is confidential and privileged regardless of the source of the information.
(b)  A person who holds genetic information about an individual may not disclose or be compelled to disclose, by subpoena or otherwise, that information unless the disclosure is specifically authorized as provided by Section 21.4032.
(c)  This section applies to a redisclosure of genetic information by a secondary recipient of the information after disclosure of the information by an initial recipient.
(d)  Redesignated as V.T.C.A., Labor Code Sec. 21.4031 by Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(d).
(e)  A person who discloses genetic information in violation of this section is liable for a civil penalty of not more than $10,000. The attorney general may bring an action in the name of the state to recover the penalty, plus reasonable attorney's fees and court costs.
Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 965, Sec. 1, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(b) to (e), eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter H. Discriminatory Use of Genetic Information › Section 21.4031. Exceptions to Confidentiality

Sec. 21.4031.  EXCEPTIONS TO CONFIDENTIALITY.  (a)  Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization required under Section 21.4032 if the disclosure is:
(1)  authorized under a state or federal criminal law relating to:
(A)  the identification of individuals;  or
(B)  a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child-abuse team;
(2)  required under a specific order of a state or federal court;
(3)  for the purpose of establishing paternity as authorized under a state or federal law;
(4)  made to provide genetic information relating to a decedent and the disclosure is made to the blood relatives of the decedent for medical diagnosis;  or
(5)  made to identify a decedent.
(b)  Genetic information may be disclosed without an authorization under Section 21.4032 if:
(1)  the disclosure is for information from a research study in which the procedure for obtaining informed written consent and the use of the information is governed by national standards for protecting participants involved in research projects, including guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46;
(2)  the information does not identify a specific individual;  and
(3)  the information is provided to the Texas Department of Health to comply with Chapter 87, Health and Safety Code.
Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997.  Redesignated from Labor Code Sec. 21.403(c), (d) and amended by Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(d), eff. Sept. 1, 2003.
2023 Texas Statutes › Labor Code › Title 2 - Protection of Laborers › Subtitle A - Employment Discrimination › Chapter 21 - Employment Discrimination › Subchapter H. Discriminatory Use of Genetic Information › Section 21.4032. Authorized Disclosure

Sec. 21.4032.  AUTHORIZED DISCLOSURE.  An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes:
(1)  a description of the information to be disclosed;
(2)  the name of the person to whom the disclosure is made;  and
(3)  the purpose for the disclosure.
Added by Acts 1997, 75th Leg., ch. 1215, Sec. 1, eff. Sept. 1, 1997.  Redesignated from Labor Code Sec. 21.403(b) and amended by Acts 2003, 78th Leg., ch. 1276, Sec. 11.001(e), eff. Sept. 1, 2003.