Sec. 437.409. TEMPORARY INJUNCTIVE RELIEF. (a) If the commission concludes from a preliminary investigation of an unlawful employment practice arising under Section 437.204 alleged in a complaint that prompt judicial action is necessary, the commission shall file a petition seeking appropriate temporary relief against the respondent pending final determination of a proceeding under this subchapter.
(b) The petition shall be filed in a district court in a county in which:
(1) the alleged unlawful employment practice that is the subject of the complaint occurred; or
(2) the respondent resides.
(c) A court may not issue temporary injunctive relief unless the commission shows:
(1) a substantial likelihood of success on the merits; and
(2) irreparable harm to the complainant in the absence of the preliminary relief pending final determination on the merits.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.
Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.
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