reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter B - LIMITATIONS ON THE EMPLOYMENT OF CHILDREN › Section 817.22 - Hardship Waiver of Hours Requirements for 14 and 15 Year Old Children

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant applying for a hardship
				  waiver from the limitations on hours worked for 14 and 15 year old children
				  must obtain a certificate of age under the provisions of §
										817.5 of this
				  title (relating to Certificate of Age) and file a hardship application. The
				  applicant may file both applications concurrently.
(b) A hardship application must contain:
(1) full details of the prospective
				  employment and the proposed hours to be worked;
(2) a written statement that it is necessary
				  for the child to work to support himself or his immediate family, with
				  supporting information;
(3) a
				  written statement from the principal of the school in which the child is
				  enrolled as to the advisability of allowing the child to work the hours
				  identified; and
(4) a written
				  statement from the prospective employer. The prospective employer's statement
				  shall provide:
(A) that the child will be
				  employed; and
(B) full details of
				  the work, including rate of pay, hours to be worked, and expected duration of
				  employment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter B - LIMITATIONS ON THE EMPLOYMENT OF CHILDREN › Section 817.23 - Limitations on the Employment of 16- and 17-Year-Old Children

Current through Reg. 49, No. 28; July 12, 2024
The Commission adopts by reference
					 29 CFR
					 §§570.50 -
					 570.68
					 in effect on the date this section is adopted or the successor rule to any such
					 regulation adopted by the U.S. Department of Labor, as state rules governing
					 the employment of 16- and 17-year-old children in Texas, to the extent that
					 they are consistent with FLSA,
					 29
					 USC §201 et seq. In the event of any
					 inconsistency between federal regulations and FLSA, FLSA shall take precedence.
					 These rules apply to such employment whether or not that employment is subject
					 to FLSA. The application of this section is limited to the extent it is
					 consistent with Texas Labor Code, Chapter 51.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter B - LIMITATIONS ON THE EMPLOYMENT OF CHILDREN › Section 817.24 - Limitations on the Employment of Children to Solicit

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may not begin the employment of
				  a child to solicit as defined in Texas Labor Code §
										51.0145
				  and as described in §
										817.4(b)
				  of this Chapter (relating to Statement of Commission Intent), until the
				  Commission's Labor Law Department has received:
(1) a copy of the signed Parental Consent
				  Form approved by the Commission; and
(2) the information required by statute to be
				  provided to the individual who gives consent.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter C - EMPLOYMENT OF CHILD ACTORS › Section 817.31 - Child Actor Authorization

Current through Reg. 49, No. 28; July 12, 2024
(a) A child
				  under 14 years of age may be employed in Texas as a child actor only by
				  compliance with the provisions of this subchapter.
(b) Every person applying for child actor
				  authorization must submit:
(1) an application
				  for authorization on a form provided by the Commission and signed by a parent,
				  guardian, or person having custody of the child;
(2) proof of age; and
(3) a photograph that complies with §
											817.5 of this
				  title (relating to Certificate of Age).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter C - EMPLOYMENT OF CHILD ACTORS › Section 817.32 - Application Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Special
				  authorization for child actors to be employed as extras is granted without the
				  need for filing an application if the employer or its agent:
(1) communicates with the Commission prior to
				  the actual work being performed, identifying the employer, the project, the
				  approximate number of extras intended to be employed on the particular project,
				  and the anticipated dates of employment;
(2) prior to employment, uses reasonable
				  efforts to establish that each prospective child actor extra is under 14 years
				  of age;
(3) secures the written
				  consent of a parent, guardian, or person having custody of the child to his or
				  her employment as an extra on the particular project;
(4) notifies all affected school principals
				  of the intent to employ their students as extras, furnishing such details
				  concerning the nature and duration of the work as to give school authorities
				  reasonable information concerning the proposed use of their students in the
				  particular project; and
(5) submits
				  a written post-production report to the Commission, within 10 days following
				  the last day extras are employed, identifying the name, social security number,
				  date of birth, and inclusive dates of employment for each child actor so
				  employed, certifying compliance with Texas Labor Code, Chapter 51 and this
				  chapter (relating to Child Labor).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 817 - CHILD LABOR › Subchapter C - EMPLOYMENT OF CHILD ACTORS › Section 817.33 - Limitations on Employment of Child Actors

Current through Reg. 49, No. 28; July 12, 2024
No child actor under 14 years of age may be
					 employed:
(1) in a manner that results
				  in a failure to receive class credits because of unexcused class absences, or
				  any violation of the State Compulsory School Attendance Law, Texas Education
				  Code, §
										25.085,
				  either as it is presently worded or may hereafter be amended to read, or of any
				  rules promulgated thereunder;
(2)
				  in a position declared hazardous by the Commission;
(3) during hours that would not be within the
				  limits set by Texas Labor Code, §
										51.013,
				  for 14 and 15 year old children, except that the child is permitted, with
				  parental consent, to work during otherwise prohibited hours, so long as the
				  child does not work again for the same employer within 12 hours after
				  completing work for the particular session and does not by being so employed
				  work in excess of eight hours in one day or 48 hours in one week;
(4) where the child is required to use a
				  dressing room that is simultaneously occupied by an adult or by a child of the
				  opposite sex;
(5) where the child
				  is not provided with a suitable place to rest or play;
(6) where the child is sent to wardrobe,
				  makeup, or hair-dressing, unless the child is under the general supervision of
				  the child's parent, guardian, or person having custody of the child if the
				  parent, guardian or person having custody is physically present at the place of
				  employment;
(7) where the child's
				  parent, guardian, or person having custody of the child is prevented from being
				  present at the place of employment while the child is working;
(8) where the child's parent, guardian, or
				  person having custody of the child is prevented from being within sight and
				  sound of the child at any time during employment; or
(9) for more than two consecutive school days
				  during a school year in which the child is legally required to attend school
				  without being furnished a tutor for the child's continuing education. The tutor
				  shall be certified to teach in Texas by the Texas Education Agency or the State
				  Board for Educator Certification, and shall make reasonable efforts to
				  coordinate subjects and assignments with the child's classroom
				  teachers.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter A - GENERAL PROVISIONS › Section 819.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to implement the following
					 statutory provisions: Texas Labor Code, Chapter 21 (relating to employment
					 discrimination) and Chapter 301, Subchapter I (relating to the Civil Rights
					 Division); Texas Property Code, Chapter 301, (relating to the Texas Fair
					 Housing Act); and Texas Government Code, Chapter 437, §437.204 and
					 Subchapter I (relating to unlawful termination of state military members
					 ordered to training or duty).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter A - GENERAL PROVISIONS › Section 819.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions contained in §
										800.2 of
					 this title, the following words and terms, when used in this chapter, shall
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Agency--The unit of
				  state government established under Texas Labor Code, Chapter 301, that is
				  presided over by the Commission.
(2) Commission--The body of governance
				  established under Texas Labor Code, Chapter 301.
(3) Complainant--A person claiming to be
				  aggrieved by a violation of Texas Labor Code, Chapter 21, or Texas Property
				  Code, Chapter 301, and who files a complaint under one of these
				  chapters.
(4) CRD--Texas Workforce
				  Commission Civil Rights Division.
(5) CRD director--The director, or the
				  director's authorized designee, of the Texas Workforce Commission Civil Rights
				  Division, as established under Texas Labor Code §
										301.009(a).
				  The CRD director is the authorized designee of the Agency's executive director
				  for purposes of enforcing the statutes referenced in §
										819.1 of this
				  subchapter .
(6) Fair Employment
				  Practices Agency--A state or local government agency designated by the U.S.
				  Equal Employment Opportunity Commission (EEOC) to investigate perfected
				  employment discrimination complaints in the state or local government agency's
				  jurisdiction.
(7) Fair Housing
				  Assistance Program Agency--A state or local government agency designated by the
				  U.S. Department of Housing and Urban Development (HUD) to investigate Fair
				  Housing Act complaints in the state or local government agency's
				  jurisdiction.
(8) Party--A person
				  who, having a justiciable interest in a matter before CRD, is admitted to full
				  participation in a proceeding concerning that matter.
(9) Person--One or more individuals or an
				  association, corporation, joint stock company, labor organization, legal
				  representative, mutual company, partnership, receiver, trust, trustee, trustee
				  in bankruptcy, unincorporated organization, the state, or a political
				  subdivision or agency of the state.
(10) Respondent--A person against whom a
				  complaint has been filed in accordance with Texas Labor Code, Chapter 21, or
				  Texas Property Code, Chapter 301.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter A - GENERAL PROVISIONS › Section 819.3 - Roles and Responsibilities of the Texas Workforce Commission and CRD

Current through Reg. 49, No. 28; July 12, 2024
(a) Responsibilities of the Agency:
(1) Establish policies for CRD;
(2) Appoint CRD director by and through the
				  Agency's executive director;
(3)
				  Supervise CRD director by and through the Agency's executive director in
				  administering the activities of CRD;
(4) Serve as the state Fair Employment
				  Practices Agency (FEPA), which is authorized, with respect to unlawful
				  employment practices, to:
(A) seek
				  relief;
(B) grant relief;
				  and
(C) institute civil
				  proceedings; and
(5)
				  Serve as the state Fair Housing Assistance Program (FHAP), which is authorized
				  , with respect to unlawful housing practices, to:
(A) seek relief;
(B) grant relief; and
(C) institute civil proceedings.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter B - EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS › Section 819.10 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of Subchapters B - F of this chapter is to set
					 forth the procedures for CRD to execute its responsibilities in the
					 administration and enforcement of Texas Labor Code, Chapter 21. Texas provides,
					 within constitutional limits, equal employment opportunities and provides
					 rights and remedies substantially equivalent to those granted under federal
					 law. No person shall be subject to discriminatory employment practices based on
					 race, color, disability, religion, sex, national origin, or
					 age.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter B - EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS › Section 819.11 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in Subchapter B,
					 Equal Employment Opportunity Provisions; Subchapter C, Equal Employment
					 Opportunity Reports, Training, and Reviews; Subchapter D, Equal Employment
					 Opportunity Complaints and Appeals Process; Subchapter E, Equal Employment
					 Opportunity Deferrals; and Subchapter F, Equal Employment Opportunity Records
					 and Recordkeeping shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Bona fide
				  occupational qualification--A qualification:
(A) that is reasonably related to the
				  satisfactory performance of the duties of a job; and
(B) for which there is a factual basis for
				  believing that no members of the excluded group would be able to satisfactorily
				  perform the duties of the job with safety and efficiency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter B - EQUAL EMPLOYMENT OPPORTUNITY PROVISIONS › Section 819.12 - Unlawful Employment Practices

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Discrimination by Employer. An employer commits an unlawful employment practice
				  if based on 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 deprives or tends to deprive an individual of an employment
				  opportunity or adversely affects in any other manner the status of an
				  employee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter C - EQUAL EMPLOYMENT OPPORTUNITY REPORTS, TRAINING, AND REVIEWS › Section 819.21 - Civilian Workforce Composition Report

Current through Reg. 49, No. 28; July 12, 2024
CRD shall prepare a civilian workforce composition report
					 pursuant to Texas Labor Code §
										21.0035
					 using the best available data from all appropriate sources.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter C - EQUAL EMPLOYMENT OPPORTUNITY REPORTS, TRAINING, AND REVIEWS › Section 819.23 - Review of State Agency Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by subsection (b) of
				  this section, CRD shall review the personnel policies and procedures system
				  (PPPS) of each state agency once every six years on a staggered schedule to
				  determine compliance with Texas Labor Code, Chapter 21.
(b) CRD may conduct a review of the PPPS of a
				  state agency more frequently than required by subsection (a) when such review
				  is indicated by a risk assessment based on the following criteria:
(1) Data on complaints against a state
				  agency;
(2) Previous review
				  findings;
(3) Changes in leadership
				  of a state agency;
(4) The date of
				  the last on-site review;
(5)
				  Compliance by the state agency with submission of a self-assessment to CRD;
				  and
(6) Any other related
				  information collected and maintained by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter C - EQUAL EMPLOYMENT OPPORTUNITY REPORTS, TRAINING, AND REVIEWS › Section 819.24 - Standard Employment Discrimination Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Each state agency shall provide its
				  employees with standard employment discrimination training no later than the
				  30th day after the date the employee is hired by the agency, with supplemental
				  training every two years thereafter. The Agency shall develop or approve the
				  materials for use by state agencies in providing standard employment
				  discrimination training.
(b) The
				  minimum standards for the content of standard employment discrimination
				  training shall include, but not be limited to, requiring participants to:
(1) identify an unlawful employment practice
				  according to the Civil Rights Act;
(2) apply knowledge of the applicable laws by
				  correctly identifying whether individual case studies would be considered
				  violations;
(3) identify the
				  protected classes under federal and state law;
(4) list a complainant's rights and
				  remedies;
(5) identify the agency
				  personnel to whom a complaint shall be addressed; and
(6) describe the general stages involved in
				  processing a complaint.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter C - EQUAL EMPLOYMENT OPPORTUNITY REPORTS, TRAINING, AND REVIEWS › Section 819.25 - Compliance Employment Discrimination Training

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this section, the term
				  "complaint with merit" shall mean a complaint that is resolved, either by a
				  cause finding or through withdrawal of the complaint with a remedy favorable to
				  the complainant, such as a negotiated settlement, withdrawal with benefits, or
				  conciliation.
(b) State agencies
				  receiving three or more complaints with merit within a fiscal year shall
				  provide compliance employment discrimination training. The training may be
				  provided by the Agency or by another entity or person approved by the
				  Agency.
(c) CRD's minimum standards
				  for the content of compliance employment discrimination training shall include,
				  but not be limited to, requiring participants to:
(1) distinguish between disparate treatment
				  and disparate impact;
(2) identify
				  the elements of a complaint involving disparate treatment and disparate
				  impact;
(3) explain the defenses
				  available to an employer resulting from both statute and case law involving
				  disparate treatment and disparate impact;
(4) explain the burden of proof requirements
				  for disparate treatment and disparate impact;
(5) identify criteria for accurately
				  measuring compliance with applicable laws;
(6) define the different types of employment
				  discrimination;
(7) identify the
				  appropriate action to be taken in a situation involving a potential case of
				  employment discrimination; and
(8)
				  describe strategies for prevention of employment discrimination.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter C - EQUAL EMPLOYMENT OPPORTUNITY REPORTS, TRAINING, AND REVIEWS › Section 819.26 - Standard and Compliance Employment Discrimination Training Delivery

Current through Reg. 49, No. 28; July 12, 2024
(a) The minimum standards for the delivery of
				  standard and compliance employment discrimination training shall include, but
				  not be limited to:
(1) a determination of the
				  effectiveness of the training;
(2)
				  the use of training that takes advantage of technological advances, such as
				  videos, CDs, and Web-based delivery systems; and
(3) the documentation of training that shall
				  be provided to CRD, including the date the training was provided, description
				  of the training program used, names of participants, and the agency contact
				  person. Web-based training records may be retained electronically.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.41 - Filing a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  telephone, write, visit, e-mail, fax, or otherwise contact CRD or a local
				  commission office recognized by EEOC as a Fair Employment Practices Agency to
				  obtain information on filing a complaint with CRD.
(b) At the complainant's request, CRD:
(1) shall confer with the complainant about
				  the facts and circumstances that may constitute the alleged unlawful employment
				  practice;
(2) shall assist the
				  complainant in perfecting the complaint if the facts and circumstances appear
				  to constitute an alleged unlawful employment practice; or
(3) may advise the complainant if the facts
				  and circumstances presented to CRD do not appear to constitute an unlawful
				  employment practice.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.42 - Legal Representation

Current through Reg. 49, No. 28; July 12, 2024
The complainant and respondent may be represented by an
					 attorney or designated agent.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.43 - Investigation of a Perfected Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The CRD director shall determine the nature and scope of the investigation
				  within the context of the allegations set forth in the perfected
				  complaint.
(b) CRD may, as part of
				  a perfected complaint investigation, require a fact-finding conference with the
				  complainant and the respondent prior to a determination on a perfected
				  complaint. A fact-finding conference primarily is an investigative forum
				  intended to define the issues, determine which elements are undisputed, and
				  solicit information regarding the allegations.
(c) At all reasonable times in the perfected
				  complaint investigation, the CRD director shall have access to:
(1) necessary witnesses for examination under
				  oath or affirmation; and
(2)
				  records, documents, and other information relevant to the investigation of
				  alleged violations of Texas Labor Code, Chapter 21, for inspection and
				  copying.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.44 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Between filing of a complaint and prior
				  to the cause determination, CRD may invite both the complainant and the
				  respondent to attempt to resolve their dispute through mediation. Either party
				  to the perfected complaint may also request mediation to resolve the complaint
				  during this period.
(b) For
				  mediation to occur, both the complainant and the respondent shall agree to the
				  mediation. If there is no agreement, CRD shall continue with the investigation
				  of the perfected complaint.
(c) If
				  the complainant and respondent reach a settlement and execute a written
				  agreement disposing of the perfected complaint, the agreement is binding and
				  enforceable in the same manner as any other written contract.
(d) If mediation between the complainant and
				  the respondent does not result in an agreement, CRD shall continue to
				  investigate the perfected complaint.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.45 - Subpoena

Current through Reg. 49, No. 28; July 12, 2024
(a) The CRD director shall have the authority
				  to sign and issue a subpoena to compel the attendance of necessary witnesses
				  for examination or testimony under oath or affirmation, and to compel the
				  production of records, documents, and other evidence relevant to the
				  investigation of alleged violations of Texas Labor Code, Chapter 21, for
				  inspection and copying. Neither the complainant nor the respondent shall have
				  the right to demand that a subpoena be issued.
(b) A person served with a subpoena issued by
				  the CRD director who does not intend to comply may petition CRD in writing to
				  revoke or modify the subpoena within five working days after receipt of the
				  subpoena. Such petition shall identify separately each portion of the subpoena
				  with which the petitioner does not intend to comply, and for each portion shall
				  state the grounds upon which the petitioner relies. A copy of the subpoena
				  shall be attached to the petition. The CRD director shall review the petition
				  and make a final determination on revoking or modifying the subpoena. CRD shall
				  provide a copy of the final determination on the petition to the petitioner by
				  mail, or electronic communication upon agreement of the petitioner.
(c) If a person fails to comply with a
				  subpoena, CRD may apply to the district court of the county in which the person
				  is found, resides, or transacts business for an order directing compliance
				  pursuant to Texas Labor Code § 21.306(b).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.46 - Dismissal of Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) The CRD
				  director may dismiss a complaint if:
(1) it
				  is not filed timely;
(2) it fails
				  to state a claim under Texas Labor Code, Chapter 21;
(3) a complainant fails to perfect a
				  complaint within 10 days of the receipt of the complaint; or
(4) a complainant fails to cooperate, fails
				  or refuses to appear or to be available for interviews or conferences, or fails
				  or refuses to provide requested information. Prior to dismissing the complaint,
				  the complainant shall be notified and given a reasonable time to
				  respond.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.47 - Cause Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) The CRD
				  director shall review the investigation report and record of evidence to
				  determine if there is reasonable cause to believe the respondent has engaged in
				  an unlawful employment practice.
(b) If after the review, the CRD director
				  determines that reasonable cause exists, the CRD director shall confer with the
				  Commission members . If at least two of the three Commission members concur
				  with the CRD director's determination that the respondent has engaged in an
				  unlawful employment practice, the CRD director shall issue a letter of cause
				  determination. The cause determination letter shall be provided by mail, or
				  electronic communication upon agreement of the person or entity, to the
				  complainant, respondent, and any agency as required by law and shall contain
				  the CRD director's finding that the evidence supports the perfected complaint
				  and include an invitation to participate in conciliation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.48 - Conciliation

Current through Reg. 49, No. 28; July 12, 2024
(a) When a letter of cause determination has
				  been issued, CRD shall attempt to eliminate such unlawful employment practice
				  by conciliation, and to secure a just resolution through a conciliation
				  agreement signed by the complainant, respondent, and the CRD
				  director.
(b) CRD shall obtain
				  proof of the respondent's compliance with a conciliation agreement before the
				  case is closed.
(c) CRD shall
				  provide notification of an unsuccessful conciliation agreement to:
(1) the complainant by certified mail;
				  and
(2) the respondent by
				  mail.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.49 - No Cause Determination

Current through Reg. 49, No. 28; July 12, 2024
A completed investigation may result in a determination
					 that there is no reasonable cause to believe that the respondent has engaged in
					 an unlawful employment practice as alleged in the perfected complaint. If after
					 the review, the CRD director determines that no reasonable cause exists, the
					 CRD director shall issue a letter of no cause determination. The no cause
					 determination letter shall be sent by mail, or electronic communication upon
					 agreement of the person or entity, to the complainant, respondent, and any
					 agency as required by law and shall contain the CRD director's finding that the
					 evidence does not support the perfected complaint.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.50 - Right to File a Civil Action

Current through Reg. 49, No. 28; July 12, 2024
(a) CRD shall
				  inform the complainant by certified mail of:
(1) the dismissal of a complaint filed with
				  CRD; or
(2) the failure to resolve
				  a complaint in writing that was filed with CRD 180 days previously. CRD shall
				  inform the complainant of the complainant's right to request from CRD a notice
				  of right to file a civil action against the respondent. Upon receipt of a
				  written request, CRD may issue a notice of right to file a civil
				  action.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.51 - Failure to Issue Notice of Right to File a Civil Action

Current through Reg. 49, No. 28; July 12, 2024
CRD's failure to issue a notice of right to file a civil
					 action after 180 days from the date the complaint is received by CRD does not
					 affect the complainant's right to bring a civil action against the respondent
					 under Texas Labor Code §
										21.252(d).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter D - EQUAL EMPLOYMENT OPPORTUNITY COMPLAINTS AND APPEALS PROCESS › Section 819.52 - Judicial Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) On a majority
				  vote of the Commission, CRD may bring a civil action against a respondent named
				  in a perfected complaint pursuant to the requirements of Texas Labor Code
				  §
										21.251.
(b) Upon a determination by the Commission to
				  bring a civil action, CRD shall notify the complainant by certified
				  mail.
(c) On a majority vote of the
				  Commission , CRD may pursue intervention in a civil action pursuant to the
				  requirements of Texas Labor Code §
										21.255.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter E - EQUAL EMPLOYMENT OPPORTUNITY DEFERRALS › Section 819.71 - Equal Employment Opportunity Deferrals among Federal, State, and Local Agencies

Current through Reg. 49, No. 28; July 12, 2024
For the purpose of satisfying the filing requirements of
					 Texas Labor Code §
										21.201,
					 the following shall apply:
(1) For a
				  complaint filed with CRD over which EEOC has deferred jurisdiction, timeliness
				  of the complaint shall be determined by the date the complaint is received by
				  CRD.
(2) For a complaint filed with
				  EEOC and deferred to CRD, timeliness of the complaint shall be determined by
				  the date on which the complaint is received by EEOC.
(3) For a complaint filed with a local
				  commission and deferred to CRD, timeliness of the complaint shall be determined
				  by the date on which the complaint is received by the local
				  commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter E - EQUAL EMPLOYMENT OPPORTUNITY DEFERRALS › Section 819.72 - Requirements for a Local Commission

Current through Reg. 49, No. 28; July 12, 2024
To be a local commission eligible to receive deferrals from
					 CRD, pursuant to Texas Labor Code §§
										21.151 -
					 21.156,
					 and this chapter, the local commission must be currently certified by the EEOC
					 as a Fair Employment Practices Agency (FEPA).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter E - EQUAL EMPLOYMENT OPPORTUNITY DEFERRALS › Section 819.73 - Deferral to Local Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas
				  Labor Code, §
										21.155
				  grants to a local commission the exclusive right to take appropriate action
				  within the scope of its power and jurisdiction to process a complaint deferred
				  by CRD pursuant to the requirements of Texas Labor Code, §
										21.155,
				  and this chapter.
(b) CRD shall not
				  assume jurisdiction over a complaint deferred to a local commission, pursuant
				  to Texas Labor Code, §
										21.155,
				  except:
(1) where the local commission defers
				  a complaint under its jurisdiction to CRD;
(2) where the complaint is received by CRD
				  within 180 days of the alleged violation or, for a complaint alleging sexual
				  harassment, within 300 days of the alleged unlawful employment practice, but
				  beyond the period of limitation of the appropriate local commission;
				  and
(3) where the local commission
				  has not acted on the complaint pursuant to the requirements of Texas Labor
				  Code, §
											21.155(c),
				  and this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter E - EQUAL EMPLOYMENT OPPORTUNITY DEFERRALS › Section 819.74 - Deferral Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) CRD shall
				  defer a complaint subject to Texas Labor Code §
										21.155(a)
				  to a local commission within five working days of the date the complaint is
				  received.
(b) A local commission
				  may waive its right to the period of exclusive processing of a complaint with
				  respect to any complaint or category of complaint by deferring a matter under
				  its jurisdiction to CRD, pursuant to Texas Labor Code §
										21.156.
(c) All complaints received by CRD subject to
				  deferral to a local commission shall be dated and time stamped upon
				  receipt.
(d) CRD shall transmit a
				  copy of a complaint it receives that is subject to deferral to a local
				  commission by certified mail to the appropriate local commission. Proceedings
				  by the local commission are deemed to have commenced on the date such complaint
				  is mailed.
(e) A local commission
				  shall transmit to CRD by certified mail, a copy of a complaint deferred to it
				  by EEOC and over which CRD has deferral jurisdiction.
(f) CRD shall notify the complainant and
				  respondent in writing that it has forwarded the complaint to the local
				  commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter E - EQUAL EMPLOYMENT OPPORTUNITY DEFERRALS › Section 819.75 - Final Determination of a Local Commission

Current through Reg. 49, No. 28; July 12, 2024
If a local commission does not intend to act on a complaint
					 deferred by CRD, the local commission shall notify CRD by mail or electronic
					 communication within 60 working days.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter E - EQUAL EMPLOYMENT OPPORTUNITY DEFERRALS › Section 819.76 - Workshare Agreements

Current through Reg. 49, No. 28; July 12, 2024
The Agency shall enter into workshare agreements with EEOC
					 and local commissions to ensure an effective and integrated administrative
					 review procedure, share information, and provide technical assistance and
					 training.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter F - EQUAL EMPLOYMENT OPPORTUNITY RECORDS AND RECORDKEEPING › Section 819.91 - Preservation and Use

Current through Reg. 49, No. 28; July 12, 2024
CRD shall require a person under investigation to make and
					 keep records pursuant to the requirements of Texas Labor Code §§
										21.301 -
					 21.303.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter F - EQUAL EMPLOYMENT OPPORTUNITY RECORDS AND RECORDKEEPING › Section 819.92 - Access to CRD Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				  Texas Labor Code §
										21.304
				  and §
										21.305,
				  CRD shall, on written request of a party to a perfected complaint filed under
				  Texas Labor Code §
										21.201,
				  allow the party access to CRD's records, unless the perfected complaint has
				  been resolved through a voluntary settlement or conciliation agreement:
(1) following the final action of CRD;
				  or
(2) if a party to the perfected
				  complaint or the party's attorney certifies in writing that a civil action
				  relating to the perfected complaint is pending in federal court alleging a
				  violation of federal law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter F - EQUAL EMPLOYMENT OPPORTUNITY RECORDS AND RECORDKEEPING › Section 819.93 - Disposal of Files and Related Documents

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to a certified records retention schedule, CRD
					 shall retain case files and related documents that have not been forwarded to
					 EEOC for seven years after the administrative review procedures have been
					 completed, except when a civil action has been filed in state court under Texas
					 Labor Code, Chapter 21. When a civil action has been filed in state court, case
					 files and related documents shall be retained until the final disposition of
					 the lawsuit. At the end of the retention period, CRD may dispose of the case
					 files and related documents.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter G - TEXAS FAIR HOUSING ACT PROVISIONS › Section 819.111 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of Subchapters G - L of this chapter is to
					 establish procedures for CRD to execute its responsibilities in the
					 administration and enforcement of the Texas Fair Housing Act. Texas provides,
					 within constitutional limitations, for fair housing throughout the state and
					 provides rights and remedies substantially equivalent to those granted under
					 federal law. No person shall be subject to discriminatory housing practices
					 based on race, color, disability, religion, sex, national origin, or familial
					 status in the sale, rental, advertising of dwellings, inspection of dwellings,
					 entry into a neighborhood, in the provision of brokerage services, or in the
					 availability of residential real estate-related transactions.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.121 - Discrimination Based on Familial Status

Current through Reg. 49, No. 28; July 12, 2024
It is an unlawful housing practice to discriminate based on
					 familial status. Familial status includes:
(1) pregnancy;
(2) being domiciled with an individual
				  younger than 18 years of age in regard to whom the person is the parent or
				  legal custodian or has the written permission of the parent or legal custodian
				  for domicile with that person; or
(3) being in the process of obtaining legal
				  custody of an individual younger than 18 years of age.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.122 - Exemptions Based on Familial Status

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Discrimination prohibitions under the Texas Fair Housing Act based on familial
				  status do not apply to housing provided under any federal or state program that
				  the US Department of Housing and Urban Development (HUD) Secretary has
				  determined is designed and operated specifically to assist elderly persons , as
				  defined in the federal or state program.
(b) Discrimination prohibitions under the
				  Texas Fair Housing Act based on familial status do not apply to housing
				  intended for and solely occupied by individuals 62 years of age or older. This
				  exemption shall apply regardless of the fact that:
(1) there were individuals residing in such
				  housing on September 13, 1988, who were under 62 years of age, provided that
				  all new occupants are 62 years of age or older;
(2) there are unoccupied units, provided that
				  such units are reserved for occupancy for individuals 62 years of age or older;
				  or
(3) there are units occupied by
				  employees of the housing (and family members residing in the same unit) who are
				  under 62 years of age provided they perform substantial duties directly related
				  to the management or maintenance of the housing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.123 - Discrimination in Sale, Rental, Terms, Conditions, Privileges, Services, and Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful
				  to discriminate based on race, color, disability, religion, sex, national
				  origin, or familial status by imposing different terms, conditions, or
				  privileges relating to the sale or rental of a dwelling or to deny or limit
				  services or facilities in connection with the sale or rental of a
				  dwelling.
(b) Prohibited actions
				  under this section include, but are not limited to:
(1) using different provisions in leases or
				  contracts of sale, such as those relating to rental charges, security deposits,
				  and the terms of a lease and those relating to down payment and closing
				  requirements based on race, color, disability, religion, sex, national origin,
				  or familial status;
(2) failing to
				  maintain or repair or delaying maintenance or repairs of sale or rental
				  dwellings based on race, color, disability, religion, sex, national origin, or
				  familial status;
(3) failing to
				  process an offer for the sale or rental of a dwelling or to communicate an
				  offer accurately based on race, color, disability, religion, sex, national
				  origin, or familial status;
(4)
				  limiting the use of privileges, services, or facilities associated with a
				  dwelling based on race, color, disability, religion, sex, national origin, or
				  familial status; and
(5) denying or
				  limiting services or facilities in connection with the sale or rental of a
				  dwelling because a person failed or refused to provide sexual favors.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 819 - CIVIL RIGHTS DIVISION › Subchapter H - DISCRIMINATORY HOUSING PRACTICES › Section 819.124 - Other Prohibited Sale and Rental Conduct

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful to discriminate based on
				  race, color, disability, religion, sex, national origin, or familial status by
				  restricting or attempting to restrict the choices of a person by word or
				  conduct in connection with seeking, negotiating for, buying, or renting a
				  dwelling so as to perpetuate, or tend to perpetuate, segregated housing
				  patterns, or to discourage or obstruct choices in a community, neighborhood, or
				  development. Prohibited practices under this section generally refer to
				  unlawful steering practices that include, but are not limited to,
				  discrimination by:
(1) discouraging any
				  person from inspecting, purchasing, or renting a dwelling based on race, color,
				  disability, religion, sex, national origin, or familial status in a community,
				  neighborhood, or development;
(2)
				  discouraging the purchase or rental of a dwelling based on race, color,
				  disability, religion, sex, national origin, or familial status by exaggerating
				  drawbacks or failing to inform any person of desirable features of a dwelling
				  or of a community, neighborhood, or development;
(3) communicating to a potential buyer or
				  renter that he or she would not be comfortable or compatible with existing
				  residents of a community, neighborhood, or development based on race, color,
				  disability, religion, sex, national origin, or familial status; and
(4) assigning any person to a particular
				  section of a community, neighborhood, or development or to a particular floor
				  of a building based on race, color, disability, religion, sex, national origin,
				  or familial status.