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 819.136 - Prohibited Interference, Coercion, Intimidation, Retaliation, or Harassment

Current through Reg. 49, No. 28; July 12, 2024
(a) It is unlawful
				  to interfere, coerce, intimidate, retaliate against, or harass any person in
				  the exercise or enjoyment of, or on account of that person having exercised or
				  enjoyed, or on account of that person having aided or encouraged any other
				  person in the exercise or enjoyment of, any right granted or protected by the
				  Texas Fair Housing Act.
(b)
				  Prohibited conduct made unlawful under this section includes, but is not
				  limited to:
(1) coercing a person, either
				  orally, in writing, or by other means, to deny or limit the benefits provided
				  that person in connection with the sale or rental of a dwelling or in
				  connection with a residential real estate-related transaction based on race,
				  color, disability, religion, sex, national origin, or familial
				  status;
(2) threatening,
				  intimidating, or interfering with individuals in their enjoyment of a dwelling
				  based on race, color, disability, religion, sex, national origin, or familial
				  status of such individuals, or of visitors or associates of such
				  individuals;
(3) threatening an
				  employee or agent with dismissal or an adverse employment action, or taking
				  such adverse employment action, for any effort to assist a person seeking
				  access to the sale or rental of a dwelling or seeking access to any residential
				  real estate-related transaction, based on the race, color, disability,
				  religion, sex, national origin, or familial status of that person or of any
				  person associated with that individual;
(4) intimidating or threatening any person
				  because that person is engaging in activities designed to make other
				  individuals aware of, or encouraging such other individuals to exercise rights
				  granted or protected by this chapter;
(5) retaliating against any person because
				  that person has made a complaint, testified, assisted, or participated in any
				  manner in a proceeding under the Texas Fair Housing Act;
(6) retaliating against any person because
				  that person reported a discriminatory housing practice to a housing provider or
				  other authority; and
(7) harassing
				  any person because of race, color, religion, sex, familial status, national
				  origin, or disability:
(A) Quid pro quo
				  harassment. Quid pro quo harassment refers to an unwelcome request or demand to
				  engage in conduct where submission to the request or demand, either explicitly
				  or implicitly, is made a condition related to the sale, rental, or availability
				  of a dwelling; the terms, conditions, or privileges of the sale or rental, or
				  the provision of services or facilities in connection therewith; or the
				  availability, terms, or conditions of a residential real estate-related
				  transaction. An unwelcome request or demand may constitute quid pro quo
				  harassment even if a person acquiesces in the unwelcome request or
				  demand.
(B) Hostile environment
				  harassment. Hostile environment harassment refers to unwelcome conduct that is
				  sufficiently severe or pervasive as to interfere with the availability, sale,
				  rental, or use or enjoyment of a dwelling; the terms, conditions, or privileges
				  of the sale or rental, or the provision or enjoyment of services or facilities
				  in connection therewith; or the availability, terms, or conditions of a
				  residential real estate-related transaction. Hostile environment harassment
				  does not require a change in the economic benefits, terms, or conditions of the
				  dwelling or housing-related services or facilities, or of the residential
				  real-estate transaction.