§ 21.115. BUSINESS NECESSITY. An employer does not commit an unlawful employment practice by engaging in a practice that has a discriminatory effect and that would otherwise be prohibited by this chapter if the employer establishes that the practice: (1) is not intentionally devised or operated to contravene the prohibitions of this chapter; and (2) is justified by business necessity. Acts 1993, 73rd Leg., ch. 269, § 1, eff. Sept. 1, 1993.

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Last modified: August 10, 2007