Texas Labor Code - Section 21.102. Bona Fide Employee Benefit Plan; Production Measurement System
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§ 21.102. BONA FIDE EMPLOYEE BENEFIT PLAN; PRODUCTION
MEASUREMENT SYSTEM. (a) Except as provided by Subsections (b) and
(c), an employer does not commit an unlawful employment practice by
applying different standards of compensation or different terms,
conditions, or privileges of employment under:
(1) a bona fide seniority system, merit system, or an
employee benefit plan, such as a retirement, pension, or insurance
plan, that is not a subterfuge to evade this chapter; or
(2) a system that measures earnings by quantity or
quality of production.
(b) An employee benefit plan may not excuse a failure to
hire on the basis of age. A seniority system or employee benefit
plan may not require or permit involuntary retirement on the basis
of age except as permitted by Section 21.103.
(c) This section does not apply to standards of compensation
or terms, conditions, or privileges of employment that are
discriminatory on the basis of race, color, disability, religion,
sex, national origin, or age.
Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.
Section: 21.056 21.057 21.058 21.059 21.060 21.061 21.101 21.102 21.103 21.104 21.105 21.106 21.107 21.108 21.109
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Last modified: August 10, 2007
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