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State Law
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Texas Labor Code - Chapter 21 Employment DiscriminationLegal Research Home > Texas Lawyer > Labor Code > Texas Labor Code - Chapter 21 Employment Discrimination The general purposes of this chapter are to: (1) provide for the execution of the policies of Title VII of the Civil Rights Act of ... The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the Texas Workforce Commission civil rights division. A ... 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 ... (a) The commission may: (1) promote the creation of local commissions on human rights by cooperating or contracting with individuals or state, local, or other ... (a) The commission by rule shall biennially determine: (1) the percentage of the statewide civilian workforce composed of: (A) Caucasian Americans; (B) African Americans; (C) ... (a) A person commits an offense if the person wilfully resists, prevents, impedes, or interferes with the performance of a duty under or the exercise ... This chapter does not relieve a government agency or official of the responsibility to ensure nondiscrimination in employment as required under another provision of the ... If a provision of this chapter is held by the Equal Employment Opportunity Commission to disqualify the commission as a deferral agency or for the ... An oral or written statement made to a commissioner or an employee of the commission in connection with the discharge of the commissioner's or employee's ... (a) If any clause, sentence, subsection, section, or other provision of this chapter or the application of such a provision to any person or circumstances ... (a) In any civil action in which the validity of a provision of this chapter or Chapter 461, Government Code, a rule adopted under this ... (a) Each state agency shall provide to employees of the agency an employment discrimination training program that complies with this section. (b) The training program ... An employer commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the employer: (1) fails or refuses ... An employment agency commits an unlawful employment practice if the employment agency: (1) fails or refuses to refer for employment or discriminates in any other ... A labor organization commits an unlawful employment practice if because of race, color, disability, religion, sex, national origin, or age the labor organization: (1) excludes ... (a) Unless a training or retraining opportunity or program is provided under an affirmative action plan approved under a federal law, rule, or order, an ... An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency retaliates or discriminates against a ... An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency aids, abets, incites, or coerces ... An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully interferes with the performance ... An employer, labor union, or employment agency commits an unlawful employment practice if the employer, labor union, or employment agency wilfully obstructs or prevents a ... (a) An employer, labor organization, employment agency, or joint labor-management committee controlling an apprenticeship, on-the-job training, or other training or retraining program commits an unlawful ... A party to a conciliation agreement made under this chapter commits an unlawful employment practice if the party violates the terms of the conciliation agreement. ... In the absence of other evidence of an unlawful employment practice, evidence of the employment of one person in place of another is not sufficient ... Except as provided by Section 21.054, the provisions of this chapter referring to discrimination because of age or on the basis of age apply only ... (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 ... This chapter does not prohibit the compulsory retirement of an employee who is: (1) at least 65 years of age; (2) employed in a bona ... An employer does not commit an unlawful employment practice by imposing a minimum or maximum age requirement for peace officers or fire fighters. Acts 1993, ... A provision in this subchapter or Subchapter B referring to discrimination because of disability or on the basis of disability applies only to discrimination because ... (a) A provision in this chapter referring to discrimination because of sex or on the basis of sex includes discrimination because of or on the ... This chapter does not: (1) require an employer to pay for health insurance benefits for abortion unless the life of the mother would be endangered ... A provision in this chapter referring to discrimination because of religion or on the basis of religion applies to discrimination because of or on the ... (a) A religious corporation, association, society, or educational institution or an educational organization operated, supervised, or controlled in whole or in substantial part by a ... A provision in this chapter referring to discrimination because of national origin or on the basis of national origin includes discrimination because of or on ... This chapter does not apply to an employer with respect to the employment of a person outside this state. Acts 1993, 73rd Leg., ch. 269, ... An employer does not commit an unlawful employment practice by applying to employees who work in different locations different standards of compensation or different terms, ... This chapter does not require a person subject to this chapter to grant preferential treatment to an individual or a group on the basis of ... A public school official does not commit an unlawful employment practice by adopting or implementing a plan reasonably designed to end discriminatory school practices. Acts ... 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 ... (a) A person is not liable for an unlawful employment practice performed in good faith and in conformity with and in reliance on a written ... Subchapter B does not apply to the employment of an individual by the individual's parent, spouse, or child. Acts 1993, 73rd Leg., ch. 269, § ... Subchapter B does not apply to a labor union, firm, association, or individual participating on September 23, 1983, in a statewide hometown plan approved by ... If disability, religion, sex, national origin, or age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or ... (a) An employer does not commit an unlawful employment practice by adopting a policy prohibiting the employment of an individual who currently uses or possesses ... An employer does not commit an unlawful employment practice by developing and implementing personnel policies that incorporate work force diversity programs. Added by Acts 1995, ... (a) An unlawful employment practice based on disparate impact is established under this chapter only if: (1) a complainant demonstrates that a respondent uses a ... A demonstration that an employment practice is consistent with business necessity may not be used as a defense under this chapter against a complaint of ... It is an unlawful employment practice for a respondent, in connection with the selection or referral of applicants for employment or promotion, to adjust the ... (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, ... It is an unlawful employment practice for a person elected to public office in this state or a political subdivision of this state to discriminate ... With respect to a seniority system adopted for an intentionally discriminatory purpose in violation of this chapter, whether that discriminatory purpose is apparent on the ... (a) It is an unlawful employment practice for a respondent covered under this chapter to fail or refuse to make a reasonable workplace accommodation to ... This chapter does not affect a court-ordered remedy, affirmative action agreement, or conciliation agreement made in accordance with law. Added by Acts 1995, 74th Leg., ... A political subdivision may adopt and enforce an order or ordinance that prohibits a practice that is unlawful under this chapter, another state law, or ... (a) A political subdivision or two or more political subdivisions acting jointly may create a local commission to: (1) promote the purposes of this chapter; ... (a) A local commission may: (1) employ an executive director and other employees and agents and set their compensation; (2) cooperate or contract with a ... (a) If the federal government or the Commission on Human Rights refers a complaint alleging a violation of this chapter to a local commission or ... (a) The Commission on Human Rights shall refer a complaint concerning discrimination in employment because of race, color, disability, religion, sex, national origin, or age ... A local commission may refer a matter under its jurisdiction to the Commission on Human Rights. Acts 1993, 73rd Leg., ch. 269, § 1, eff. ... (a) A person claiming to be aggrieved by an unlawful employment practice or the person's agent may file a complaint with the commission. (b) The ... (a) A complaint under this subchapter must be filed not later than the 180th day after the date the alleged unlawful employment practice occurred. (b) ... (a) The use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to resolve disputes arising ... (a) The executive director or a staff member of the commission designated by the executive director shall investigate a complaint and determine if there is ... (a) If after investigation the executive director or the executive director's designee determines that reasonable cause does not exist to believe that the respondent engaged ... (a) If after investigation the executive director or the executive director's designee determines that there is reasonable cause to believe that the respondent engaged in ... (a) If a determination of reasonable cause is made under Section 21.206, the commission shall endeavor to eliminate the alleged unlawful employment practice by informal ... If the commission dismisses a complaint filed under Section 21.201 or does not resolve the complaint before the 181st day after the date the complaint ... (a) If the commission concludes from a preliminary investigation of an unlawful employment practice alleged in a complaint that prompt judicial action is necessary to ... A person who has initiated an action in a court of competent jurisdiction or who has an action pending before an administrative agency under other ... (a) The commission may bring a civil action against a respondent if: (1) the commission determines that there is reasonable cause to believe that the ... (a) A complainant who receives notice under Section 21.208 that the complaint is not dismissed or resolved is entitled to request from the commission a ... (a) On receipt of a written request by a complainant, the commission shall issue before the 181st day after the date the complaint was filed ... Within 60 days after the date a notice of the right to file a civil action is received, the complainant may bring a civil action ... After receipt of a timely application, a court may permit the commission to intervene in a civil action filed under Section 21.254 if: (1) the ... A civil action may not be brought under this subchapter later than the second anniversary of the date the complaint relating to the action is ... The court shall set an action brought under this subchapter for hearing at the earliest practicable date to expedite the action. Acts 1993, 73rd Leg., ... (a) On finding that a respondent engaged in an unlawful employment practice as alleged in a complaint, a court may: (1) prohibit by injunction the ... (a) On finding that a respondent engaged in an unlawful intentional employment practice as alleged in a complaint, a court may, as provided by this ... (a) In a proceeding under this chapter, a court may allow the prevailing party, other than the commission, a reasonable attorney's fee as part of ... If the affected employee or applicant for employment has a disability, a court shall consider the undue hardship defense, including the reasonableness of the cost ... If an employer, employment agency, or labor organization fails to comply with a court order issued under this subchapter, a party to the action or ... (a) A judicial proceeding under this chapter is by trial de novo. (b) A commission finding, recommendation, determination, or other action is not binding on ... A person under investigation in connection with a charge filed under this chapter and who is subject to this chapter shall: (1) make and keep ... The commission by rule shall require that a person subject to this chapter who controls an apprenticeship, on-the-job training, or other training or retraining program: ... A report or record required by the commission under this subchapter must conform to a similar record or report required under 42 U.S.C. Section 2000e-8(c). ... An officer or employee of the commission may not disclose to the public information obtained by the commission under Section 21.204 except as necessary to ... (a) The commission shall adopt rules allowing a party to a complaint filed under Section 21.201 reasonable access to commission records relating to the complaint. ... (a) If a person fails to permit access, examination, photographing, or copying or fails to make, keep, or preserve a record or make a report ... In this subchapter: (1) "DNA" means deoxyribonucleic acid. (2) "Family health history" means a history taken by a physician or genetic professional to ascertain genetic ... (a) An employer commits an unlawful employment practice if the employer fails or refuses to hire, discharges, or otherwise discriminates against an individual with respect ... (a) Except as provided by Section 21.4031, genetic information is confidential and privileged regardless of the source of the information. (b) A person who holds ... (a) Subject to Subchapter G, Chapter 411, Government Code, genetic information may be disclosed without an authorization required under Section 21.4032 if the disclosure is: ... An individual or the legal representative of an individual may authorize disclosure of genetic information relating to the individual by a written authorization that includes: ... An individual who submits to a genetic test has the right to know the results of the test. On the written request by the individual, ... A sample of genetic material obtained from an individual for a genetic test shall be destroyed promptly after the purpose for which the sample was ... In this subchapter, "state agency" does not include a public junior college as defined by Section 61.003, Education Code. Added by Acts 1999, 76th Leg., ... Each state agency shall develop and implement personnel policies and procedures that comply with this chapter, including personnel selection procedures that incorporate a workforce diversity ... (a) The commission shall review the personnel policies and procedures of each state agency on a six-year cycle to determine whether the policies and procedures ... Not later than 60 days after the commission completes the review of a state agency's personnel policies and procedures as required by Section 21.453 and ... (a) A state agency shall reimburse the commission through interagency contract for the reasonable and necessary expenses incurred by the commission in conducting a review ... (a) If the commission determines that a state agency has failed to comply with this subchapter, the commission shall certify that determination to the comptroller. ... Each state fiscal biennium, each state agency shall analyze its current workforce and compare the number of African Americans, Hispanic Americans, and females employed by ... Based upon a workforce availability analysis under Section 21.501 that demonstrates the exclusion or underutilization of African Americans, Hispanic Americans, and females, or court-ordered remedies, ... This subchapter does not affect a remedy, agreement, settlement, or affirmative action plan that has been ordered or approved by a court or that has ... Not later than November 1 of each calendar year, each state agency shall report to the commission the total number of African Americans, Hispanic Americans, ... In this subchapter, "racial and ethnic group" means Caucasian American, African American, or Hispanic American. Added by Acts 1999, 76th Leg., ch. 872, § 15, ... (a) Not later than November 1 of each year, each state agency shall report equal employment opportunity information for the preceding fiscal year to the ... (a) The commission shall compile the information reported to the commission under this subchapter with the assistance of the comptroller and the uniform statewide accounting ... Not later than December 15 of each year, the commission shall notify each state agency of the form to be used to make a report ... (a) If the commission determines that a state agency has failed to file a report required under this subchapter, the commission shall certify that determination ... (a) A state agency that receives three or more complaints of employment discrimination in a fiscal year, other than complaints determined to be without merit, ... Last modified: August 10, 2007 |