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Texas Labor Code - Section 21.125. Clarifying Prohibition Against Impermissible Consideration Of Race, Color, Sex, National Origin, Religion, Age, Or Disability In Employment Practices

Legal Research Home > Texas Lawyer > Labor Code > Texas Labor Code - Section 21.125. Clarifying Prohibition Against Impermissible Consideration Of Race, Color, Sex, National Origin, Religion, Age, Or Disability In Employment Practices

§ 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE 
CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE, 
OR DISABILITY IN EMPLOYMENT PRACTICES.  (a) Except as otherwise 
provided by this chapter, an unlawful employment practice is 
established when the complainant demonstrates that race, color, 
sex, national origin, religion, age, or disability was a motivating 
factor for an employment practice, even if other factors also 
motivated the practice, unless race, color, sex, national origin, 
religion, age, or disability is combined with objective job-related 
factors to attain diversity in the employer's work force.
	(b)  In a complaint in which a complainant proves a violation 
under Subsection (a) and a respondent demonstrates that the 
respondent would have taken the same action in the absence of the 
impermissible motivating factor, the court may grant declaratory 
relief, injunctive relief except as otherwise provided by this 
subsection, and attorney's fees and costs demonstrated to be 
directly attributable only to the pursuit of a complaint under 
Subsection (a), but may not award damages or issue an order 
requiring an admission, reinstatement, hiring, promotion, or back 
pay.

Added by Acts 1995, 74th Leg., ch. 76, § 9.05(a), eff. Sept. 1, 
1995.  Amended by Acts 1997, 75th Leg., ch. 1126, § 1, eff. Sept. 
1, 1997.

Last modified: August 11, 2007