Texas Labor Code - Section 21.002. Definitions
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§ 21.002. DEFINITIONS. In this chapter:
(1) "Bona fide occupational qualification" means a
qualification:
(A) reasonably related to the satisfactory
performance of the duties of a job; and
(B) for which a factual basis exists for the
belief that no person of an excluded group would be able to
satisfactorily perform the duties of the job with safety or
efficiency.
(2) Repealed by Acts 2003, 78th Leg., ch. 302, §
4(2).
(3) Repealed by Acts 2003, 78th Leg., ch. 302, §
4(2).
(4) "Complainant" means an individual who brings an
action or proceeding under this chapter.
(5) "Demonstrates" means meets the burdens of
production and persuasion.
(6) "Disability" means, with respect to an individual,
a mental or physical impairment that substantially limits at least
one major life activity of that individual, a record of such an
impairment, or being regarded as having such an impairment. The
term does not include:
(A) a current condition of addiction to the use
of alcohol, a drug, an illegal substance, or a federally controlled
substance; or
(B) a currently communicable disease or
infection as defined in Section 81.003, Health and Safety Code, or
required to be reported under Section 81.041, Health and Safety
Code, that constitutes a direct threat to the health or safety of
other persons or that makes the affected person unable to perform
the duties of the person's employment.
(7) "Employee" means an individual employed by an
employer, including an individual subject to the civil service laws
of this state or a political subdivision of this state, except that
the term does not include an individual elected to public office in
this state or a political subdivision of this state.
(8) "Employer" means:
(A) a person who is engaged in an industry
affecting commerce and who has 15 or more employees for each working
day in each of 20 or more calendar weeks in the current or preceding
calendar year;
(B) an agent of a person described by Paragraph
(A);
(C) an individual elected to public office in
this state or a political subdivision of this state; or
(D) a county, municipality, state agency, or
state instrumentality, regardless of the number of individuals
employed.
(9) "Employment agency" means a person or an agent of
the person who regularly undertakes, with or without compensation,
to procure:
(A) employees for an employer; or
(B) the opportunity for employees to work for an
employer.
(10) "Labor organization" means a labor organization
engaged in an industry affecting commerce. The term includes:
(A) an organization, an agency, or an employee
representation committee, group, association, or plan engaged in an
industry affecting commerce in which employees participate and that
exists for the purpose, in whole or in part, of dealing with
employers concerning grievances, labor disputes, wages, rates of
pay, hours, or other terms or conditions of employment;
(B) a conference, general committee, joint or
system board, or joint council that is subordinate to a national or
international labor organization; and
(C) an agent of a labor organization.
(11) "Local commission" means a commission on human
relations created by one or more political subdivisions.
(12) "Political subdivision" means a county or
municipality.
(13) "Respondent" means the person charged in a
complaint filed under this chapter and may include an employer,
employment agency, labor organization, or joint labor-management
committee that controls an apprenticeship or other training or
retraining program, including an on-the-job training program.
(14) "State agency" means:
(A) a board, commission, committee, council,
department, institution, office, or agency in the executive branch
of state government having statewide jurisdiction;
(B) the supreme court, the court of criminal
appeals, a court of appeals, or the State Bar of Texas or another
judicial agency having statewide jurisdiction; or
(C) an institution of higher education as defined
by Section 61.003, Education Code.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993. Amended
by Acts 1995, 74th Leg., ch. 76, § 9.02(a), eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 834, § 1, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 872, § 10, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 302, § 4(2), eff. March 19, 2004.
Section: 1.001 1.002 1.003 1.004 21.001 21.0015 21.002 21.003 21.0035 21.004 21.005 21.006 21.007 21.008 21.009
Last modified: August 11, 2007
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